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Report No. 99

3.12. Views of Professor McWhinney-Limitations desirable on length of briefs also.-

We have also referred to the view of Professor McWhirmey,1 the eminent constitutional lawyer, still, we would like to repeat his comment, since it indicates pithily the advantages, as well as the limitations, of written arguments. Answering question 22, he says as under:-

"Yes, and certainly, on all the empirical experience of comparative constitutional law, improve the quality of counsel's argumentation and of the final court decision-making. Of course limitations on the length of written briefs may also be useful, to encourage succinctness and reduce unnecessary padding of briefs."

1. Para. 2.9, supra.



Oral and Written Arguments in the Higher Courts Back




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