Report No. 95
3.25. The ultimate "spokesman".-
In constitutional cases, the Supreme Court possesses a broad freedom to do as it wishes. But in exercising that freedom it must not create too much confusion.1
The Supreme Court is the ultimate spokesman in the judicial hierarchy, and the lesser spokesman must pay heed. If the Supreme Court pursues policies which lesser spokesmen using the same techniques which the Supreme Court uses, can twist into opposites, the Supreme Court vitiates its own influence. This may very well be the most effective limitation on the Supreme Court's power. Every word of the Court must be set down with an eye to its meaning in the future in similar situations, in analogous situations, even in irrelevant situations.
1. Robert A. Dahl Decision-making in a Democracy, in Levy (Ed.) Judicial Review and the Supreme Court, p. 179.
Back
