Robert H. Jackson Quotes


[T]his Court may fall into error as may other branches of the Government.... The Court differs, however ... in its ability to extricate itself from error. It can reconsider.


Citations

Robert Houghwout Jackson, 1892-1954, Chief Prosecutor, Nuremberg War Crimes Tribunal, U. S. Attorney General (Democrat), U. S. Supreme Court Justice, Helvering v. Gerhardt, 1938

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This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.


Judicial Review is the principle which allows a court—judges—to declare an act of the legislature or the executive improper and unlawful. It is a standard principle of American government yet it was not explicitly stated in the Constitution. Hence to some, there is a question about the legitimacy of Judicial Review itself. Many nations do not have it. Many people think it is the most important aspect of a democratic society as it provides a check on both the executive and the legislature.


In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.


Robert H. Jackson
Robert H. Jackson
  • Born: February 13, 1892
  • Died: October 9, 1954
  • Nationality: American
  • Profession: Statesman

Robert Houghwout Jackson was an American attorney and judge who served as an Associate Justice of the United States Supreme Court. He had previously served as United States Solicitor General and United States Attorney General, and is the only person to have held all three of those offices. Jackson was also notable for his work as Chief United States Prosecutor at the Nuremberg trials of Nazi war criminals following World War II.