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Report No. 95

3.36. Collective judgments.-

Moreover, the judgments of the highest Court are collective judgments. They are neither solo performances, nor debates between two sides, each of which has its mind quickly made up and then closed. The judgments pre-suppose full consideration and re-consideration by all, of the reasoned views of each. "Without adequate study there cannot be adequate reflection; without adequate reflection there cannot be adequate discussions; without adequate discussion, there cannot be that fruitful interchange of minds which is indispensable to thoughtful, unhurried decision and its formulation in learned and impressive opinions."1

1. Dick v. N.Y. Life Ins. Co., (1959) 3 L Ed 2d 935 (949). See also Schubert Constitutional Politics, pp. 149-150.

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