„The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.“

—  Nanabhoy Palkhivala, Privy Purse case Madhav Rao Jivaji Rao Scindia vs Union of India, (1971) 1 SCC 85 http://www.indiankanoon.org/doc/660275/
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Nanabhoy Palkhivala2
Indian jurist and economist 1920 - 2002
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„Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it…“

—  Learned Hand American legal scholar, Court of Appeals judge 1872 - 1961
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow. What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest. “The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).

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„The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage.“

—  Alexis De Tocqueville French political thinker and historian 1805 - 1859
Context: The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections. De la supériorité des mœurs sur les lois (1831) Oeuvres complètes, vol. VIII, p. 286 https://books.google.de/books?id=yrMFAAAAQAAJ&pg=PA286&dq=meilleures. Original text: Les meilleures lois ne peuvent faire marcher une constitution en dépit des mœurs ; les mœurs tirent parti des pires lois. C'est là une vérité commune, mais à laquelle mes études me ramènent sans cesse. Elle est placée dans mon esprit comme un point central. Je l'aperçois au bout de toutes mes idées.

Robert G. Ingersoll photo

„There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience“

—  Robert G. Ingersoll Union United States Army officer 1833 - 1899
Context: There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

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„The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.“

—  William H. Seward American lawyer and politician 1801 - 1872
Context: It is true, indeed, that the national domain is ours. It is true that it was acquired by the valor and with the wealth of the whole nation. But we hold no arbitrary authority over it. We hold no arbitrary authority over anything, whether lawfully acquired or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty. But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. Speech, United States Senate (11 March 1850).

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„Was it possible to lose the nation, and yet preserve the constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the constitution, through the preservation of the nation.“

—  Abraham Lincoln 16th President of the United States 1809 - 1865
Context: Was it possible to lose the nation, and yet preserve the constitution? By general law life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the constitution, through the preservation of the nation. Right or wrong, I assumed this ground, and now avow it. I could not feel that, to the best of my ability, I had even tried to preserve the constitution, if, to save slavery, or any minor matter, I should permit the wreck of government, country, and Constitution all together.

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„My fellow Americans, our long national nightmare is over.
Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule.“

—  Gerald Ford American politician, 38th President of the United States (in office from 1974 to 1977) 1913 - 2006
Context: My fellow Americans, our long national nightmare is over. Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule. But there is a higher Power, by whatever name we honor Him, who ordains not only righteousness but love, not only justice but mercy. As we bind up the internal wounds of Watergate, more painful and more poisonous than those of foreign wars, let us restore the golden rule to our political process, and let brotherly love purge our hearts of suspicion and of hate.

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„Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations.“

—  Theodore Parker abolitionist 1810 - 1860
Context: Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations. Accordingly all human affairs must be subject to that as the law paramount; what is right agrees therewith and stands, what is wrong conflicts and falls. Private cohesions of self-love, of friendship, or of patriotism, must all be subordinate to this universal gravitation towards the eternal right.

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„Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.“

—  A. V. Dicey British jurist and constitutional theorist 1835 - 1922
Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 116.

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