The Status of the International Court of Justice With An Appendix of Addresses
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The court, therefore, is a judicial body composed of judges whose duty it INTERNATIONAL COURT OF JUSTICE 63 is to examine the case presented, to weigh evidence, and thus establish the facts involved, and to the facts thus found to apply a principle of law, thus forming the judgment. It follows, then, that only questions capable of judicial treatment should be submitted, and that the duty of the judge should be limited to the formation of judgments. The desideratum is that a law and its interpre...tation should be certain, and certainty of judgment is possible only when strictly judicial questions are presented to the court. Upon a given state of facts you may predicate a judgment. If special interests be introduced, if political questions be involved, the judgment of a court must be as involved and confused as the special interests and political questions.
In stating boldly that the court should not deal with questions of special national interest, nor with questions of national policy, and in expressing the opinion that judges should decide according to the law as judges, not as negotiators or diplomats, it is not meant to suggest that experience in political or diplomatic life would disqualify a judge for the performance of judicial duties.
What to read after The Status of the International Court of Justice With An Appendix of Addresses?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The court, therefore, is a judicial body composed of judges whose duty it INTERNATIONAL COURT OF JUSTICE 63 is to examine the case presented, to weigh evidence, and thus establish the facts involved, and to the facts thus found to apply a principle of law, thus forming the judgment. It follows, then, that only questions capable of judicial treatment should be submitted, and that the duty of the judge should be limited to the formation of judgments. The desideratum is that a law and its interpre...tation should be certain, and certainty of judgment is possible only when strictly judicial questions are presented to the court. Upon a given state of facts you may predicate a judgment. If special interests be introduced, if political questions be involved, the judgment of a court must be as involved and confused as the special interests and political questions.
In stating boldly that the court should not deal with questions of special national interest, nor with questions of national policy, and in expressing the opinion that judges should decide according to the law as judges, not as negotiators or diplomats, it is not meant to suggest that experience in political or diplomatic life would disqualify a judge for the performance of judicial duties.
What to read after The Status of the International Court of Justice With An Appendix of Addresses?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
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