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Report No. 95

3.30. Importance of consistency.-

In ensuring consistency, the above aspect will naturally be borne in mind. As has been said: "Surely decision should not go in a specific case, nor should special constitutional preference be given to the rich man, or the white man, or the protestant man, or the poor man, or the insurance company, or the labour union, or the black man, or the Quaker or the witnes.-unless one can fairly say that the Constitution granted such a preference".1

1. Louis Henkin Some Reflections on Current Constitutional Controversy, (1960-61) 109 Univ Pona Law Rev 637, 653.

Constitution Division within the Supreme Court Back

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