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Report No. 95

3.6. Specialisation in the Supreme Court of U.S.A.-

In the discharge of the onerous tasks of constitutional adjudication as outlined above, specialisation may help. Again, we have the example of the U.S. Supreme Court. The very fact of exercising judicial review for a period of more than a century and a half has given the U.S. Supreme Court a certain political confidence and political savoir faire, and a certain continuing oral tradition of specialist judicial experience in the "constitutional handling and legal moderation" of great political causes celebres, particularly when these political causes celebres threaten to involve the judiciary in adverse relationships or power struggle with counter-prevailing executive or legislative authority.1

1. McWhinney Federal Supreme Courts and Constitutional Review, (1967) 45 Can Bar Rev 578, 592, 593.

Constitution Division within the Supreme Court Back

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