„In a criminal proceeding the question is not alone whether substantial justice has been done, but whether justice has been done according to law. All proceedings in poenam are, it need scarcely be observed, strictissimi juris; nor should it be forgotten that the formalities of law, though here and there they may lead to the escape of an offender, are intended on the whole to insure the safe administration of justice and the protection of innocence, and must be observed. A party accused has the right to insist on them as matter of right, of which he cannot be deprived against his will; and the Judge must see that they are followed.“

Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.

Sir Alexander Cockburn, 12th Baronet photo
Sir Alexander Cockburn, 12th Baronet13
Lord Chief Justice 1802 - 1880

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„There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be.“

—  Aung San Suu Kyi State Counsellor of Myanmar and Leader of the National League for Democracy 1945

In Quest of Democracy (1991)
Contexto: The words 'law and order' have so frequently been misused as an excuse for oppression that the very phrase has become suspect in countries which have known authoritarian rule. [... ] There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be. The iniquity of such practices is traditionally recognized by the precept that existing laws should not be set aside at will.

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„Fictions of law must be consistent with justice.“

—  William Henry Maule British politician 1788 - 1858

Whitaker v. Wisbey (1852), 6 Cox, C. C. 111.

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„China has not established the rule of law and thus there is no justice.“

—  Ai Weiwei Chinese concept artist 1957

2010-, Living in Fear Is Worse Than Imprisonment, 2012

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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

Ten Sermons of Religion (1853), III : Of Justice and the Conscience https://en.wikisource.org/wiki/Ten_Sermons_of_Religion/Of_Justice_and_the_Conscience
Contexto: 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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„He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.“

—  Earl Warren United States federal judge 1891 - 1974

Miranda v. Arizona, 384 U. S. 436, 478-79 (1965)
Contexto: To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

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„Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.“

—  Robert H. Jackson American judge 1892 - 1954

Shaughnessy v. United States ex rel Mezei, 345 U.S. 206, 224–25 (1953)
Judicial opinions
Contexto: Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law.
If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.

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„Justice cannot be for one side alone, but must be for both.“

—  Eleanor Roosevelt, The Autobiography of Eleanor Roosevelt

Fonte: The Autobiography of Eleanor Roosevelt

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