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Report No. 95

6.6. Criteria laid down in U.S.A.-

We may mention that in the United States there have come to be recognised a number of propositions regarding the circumstances in which the Courts will embark upon a consideration of constitutional questions. These have been conveniently collected in the judgment of Brandois, J. in one of the decisions of the U.S. Supreme Court.1 One of the propositions laid down is-

"It is not the habit of the court to decide questions of a constitutional nature, unless absolutely necessary to a decision of the case2".

1. Ashwander v. T.V.A., (1936) 297 US 288 (347): 80 L Ed 688 (711).

2. Burton v. United States, 196 US 283 (293): 49 L Ed 482 (485).

Constitution Division within the Supreme Court Back

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