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Report No. 95

3.19. Nature of the cases that reach the Supreme Court.-

In the present context, the nature of the cases that reach the Supreme Court should also be emphasised. Cases which reach the Supreme Court are "no law" cases-pathological or "trouble" cases. Generally speaking, a matter reaches the highest court precisely because no readily available rule of law disposes of the issue satisfactorily. Frequently, there is no pre-existing law waiting to be covered. The court must then make its own law by balancing the competing interests.



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