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Report No. 99

3.15. Recommendation as to constitutional cases (Factual briefs).-

Our second recommendation is of special relevance to cases involving constitutional questions. In regard to such cases, the practice of filing briefs containing written factual material should be encouraged, where factual material forms the background of the case. What have come to be known in the United States as "Brandeis Briefs" are very useful in constitutional adjudication, and we recommend that in cases involving constitutional questions, where factual material is of importance for the determination of the controversy, the filing of such briefs should be encouraged. Such briefs should contain facts relevant for constitutional adjudication (in addition to the affidavits filed on behalf of the parties) and should include extracts from published reports of committees and commissions, wherever appropriate. This practice can be adopted in the Supreme Court and also in the High Courts.

Oral and Written Arguments in the Higher Courts Back

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