"In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge"
- Robert Bork
About this Quote
This quote by Robert Bork emphasizes the significance of the morality of the or legislator in a constitutional democracy. It suggests that the morality of the law should be figured out by the morality of the framer or legislator, not by the morality of the judge. This suggests that the framer or lawmaker must be the one to choose the ethical material of the law, as they are the ones who are responsible for producing it. This quote likewise suggests that the judge ought to not be the one to choose the ethical material of the law, as they are not the ones who produced it. Rather, the judge ought to be accountable for analyzing the law and ensuring that it is used correctly. This quote highlights the value of the morality of the framer or lawmaker in a constitutional democracy, as they are the ones who are accountable for producing the law and determining its moral material.