Learned Hand Quotes
… it [is] a judge's duty to decide, not to debate.
Learned Hand, 1872-1961, U. S. Supreme Court Justice, Mr. Justice Cardozo, 1939
Sourced by: Eigen's Political and Historical Quotations
In most of the world this is an accepted truism. However, where there is judicial independence as in the United States, Israel, Norway, England and other countries, those who appoint judges have little or no control over a judiciary that has lifetime tenure and a tradition of non-interference. The influence is limited to the appointment of a judge with a particular philosophy. However, in some countries, not only do the courts follow the lead of the government but if they do not the judges themselves might be jailed or worse. Borelli’s principle therefore holds there.
The judiciary in the American system must give deference to the executive and legislative branches and interfere only when there is a violation of the Constitution. Many of the laws may well be viewed as bad policy by the judge, or in some case, may be unjust. The judge however cannot interfere just because he is dealing with bad or unjust laws. So Judge Scalia points out that the judge functioning properly in the American system will find that he personally does not like the consequences of his own opinions.
Billings Learned Hand was an American judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. As of 2004 Hand had been quoted more often by legal scholars and by the Supreme Court of the United States than any other lower-court judge.