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Report No. 95

4.6. Basic feature if affected.-

Finally, there is the question whether a proposal for creating a constitutional division would affect a basic feature of the Constitution. Judicial review is generally regarded as a basic feature of the constitution and an attempt to take it away or to restrict it would be futile. But an organisational change of the nature under consideration does not substantially cut down judicial review, and may not therefore affect any basic feature of the Constitution.



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