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Report No. 95

5.23. Significance of provisions as to Constitutional Courts.-

The provisions relating to various constitutional Courts on the Continent, whose gist is stated above, may, no doubt, look heterogeneous in character. But, on deeper reflection, they will be found to yield one common postulate. They are all based on the postulate that constitutional adjudication stands in a class by itself, and can be appropriately assigned a separate status. Such adjudication should not necessarily follow the same pattern as ordinary litigation, but can be legitimately regarded as occupying a place of its own. And, consequently, it would be appropriate to make, for such adjudication, special provisions not otherwise made for ordinary litigation. This is in recognition of its special character.



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