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Report No. 58

The tradition in Commonwealth countries

2.22. It would, we think, not be inappropriate to refer to the remark that "It has been something of a fetish in Commonwealth nations that final appellate tribunals should be courts of comprehensive jurisdiction, embracing both private and public law with the bulk of their business normally being private law."1

1. Mc. Whinney Judicial Restraint and the West German Constitutional Court, (1961) 75 Harvard Law Review 5, 6.

Structure and Jurisdiction of the Higher Judiciary Back

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