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Report No. 95

3.3. Role of Court in development of constitutional jurisprudence.-

Since, in constitutional adjudication, the Court is confronted with new and unprecedented controversies, the fashioning of rules to suit the new situations is obviously a difficult task. Holmes drew attention to this, by pointing out that the words of a constituent Act "have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters"1. Of the U.S. Supreme Court, it has been said that "the Court may be purseless and swordless, but its ability importantly to influence the way the nation functions has proved great, and seems to be growing all the time."2

1. Missouri v. Holland, (1920) 252 US 416 (435).

2. John Hart Ely Democracy and Distrust: A Theory of Judicial Review, (1980), p. 45.

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