The Very Idea of a Judge
University of Toronto Law Journal, Volume 60, Number 1, pp. 61-80.
"I argue that we cannot have legal order without judges who have an
understanding of legal principles that transcends the law of their
land. But this is an understanding of the principles of legality,
rather than of the moral content of the law. Moreover, the reason we
cannot have legal order without judges is that law must claim not only
authority but also legitimate authority over its subjects. It follows
that the willingness to engage in any kind of analysis of cases in
order to answer questions about what judges should or should not do
requires that certain positions sceptical about judicial review openly
revise a fundamental commitment - the practically unrealizable
commitment to have law without judges. But it also requires the common
law tradition, including Ronald Dworkin, to attend more to the
independent status of legality. In sum, the focus on the question 'What
is a judge?' brings with it attention both to the idea of legality and
to the specific authority of law."
Read the article.
(Something interesting I found)Posted: Wednesday, March 03, 2010