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Fiat iustitia, et pereat mundus is a Latin phrase, meaning "Let justice be done, and the world perish". [ 1 ] This sentence was the motto of Ferdinand I, Holy Roman Emperor (1556–1564), [ 2 ] who used it as his slogan, and it became an important rule to control the nation. [ 3 ]
The exact phrase as used for approval of justice at all cost—usually seen in a positive sense—appears to originate in modern jurisprudence. In English law, William Watson in "Ten Quodlibetical Quotations Concerning Religion and State" (1601) wrote "You go against that general maxim in the laws, which is 'Fiat justitia et ruant coeli.
Over the years, even the existence of a right to appeal – in criminal and even civil appeals – has been characterized by U.S. Supreme Court Justice David Josiah Brewer as an attack on justice and trial courts, and the ingraining of "justice delayed is justice denied". As he stated: "One thing should always be borne in mind.
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...
Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. [2] [3] [4]
The Australian Constitution does however, in s. 109, declare that, "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid." Based on this, depending on the context of application and whether a particular statute infringes on the ...
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The Nature of the Judicial Process established Cardozo "as one of the leading jurists of his time" [11] and "has become a classic of legal education." [12] Its continuing appeal is due, in part, to its self-effacing tone, its lapidary prose, and its attempt to strike a happy medium between legal formalism and radical realist theories that wholly reject traditional views of law, legal reasoning ...