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Courting the rule of law

An array of cases have raised strong questions about on the rule of law in our democracy. The rule of law is the bedrock of all liberties, an unamendable basic feature of our Constitution. John Finnis, professor of law and legal philosophy at Oxford University, describes the rule of law as “the  ....Read more

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Legality or Wisdom??By: Sahil Tagotra | Tuesday , 14 Oct '08 19:56:17 PM Reply | Forward Salve, with respect, seems to be in an ideological conflict with hi,self, insofar as he says in this article that "The courts are duty-bound to enforce the law even if it has unpopular consequences". In his latest article "Test of Wisdom not legality", he seems to suggest that the decision of the Delhi High Court in respect of Mid Day Journalists may be right, but its consequences are highly undesirable. He also seem to say that in certain cases, the Courts must, more than the legality, look at the consequences.I subscribe the Salve's view in his latest Article that at times, it is indispensable for the Courts to, and they should, look at the consequences that may follow a judgment rather than technically applying a law. But in doing so, the Court must not show disregard for the straight law but read it down appropriately. Also, it must not become a tool for any corrupt judge (if there is any) to pass judgments which wholly subscribe to a false and incorrect public opinions.
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