Constitutional Law
The Supreme Court and Conflict Resolution in the Fourth (4th) Republic
I think it most important to remember
whenever a doubtful case arises, with
certain analogies to one side and
other analogies to the other, that
what really is before us is a conflict
between two social desires, each of
which seeks dominion over the case,
and which cannot both have their way.
The social question is which desire is
stronger at the point of conflict...
Where there is doubt the simple tool of
logic does not suffice, and even if it
is disguised and unconscious, the judges
are called on to exercise the sovereign
prerogative of choice.
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