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Report No. 95

3.4. Special features of constitutional adjudication.-

In the light of these general observations, it may now be convenient to deal with certain special features which are either not found in non-constitutional adjudication, or, if found, are found only in a much lesser degree in non-constitutional adjudication. Because of these peculiarities, some considerations become of special relevance to constitutional adjudication. Of these, we may mention, by way of illustration, four, namely-

(i) Specialisation;

(ii) consistency;

(iii) evolution of constitutional jurisprudence as a body of doctrine, self-contained and coherent;

(iv) availability of adequate time.

Of course, the considerations enumerated above do not necessarily constitute independent or isolated categories. They dove-tail into each other, and the reasons that support the several considerations may also dovetail into each other. However, it may be proper to examine them in some detail.



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