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Report No. 95

3.9. Suggestions made in Canada.-

Specialisation with reference to constitutional adjudication has been stressed elsewhere also. In regard to Canada, a writer pleading for the establishment of a Constitutional Court, wrote some time ago as under1:

"All the arguments in favour of specialisation in these fields become even stronger when the interpretation of such a basic document as the Constitution is involved. It may be argued that this type of specialisation belongs to Continental Europe and is foreign to common law countries; but my point is that we should improve our Constitution by adopting the Continental system. As a matter of fact, the Supreme Court of the United States has specialised itself in practice by concentrating almost exclusively on public law cases."

1. Jacquis-Yuan Morin, 43 Can Bar Rev 545, 549.

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