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ملاحظات سیاسی مرسوم
One possible approach to the role of constitutional values in the public policy analysis would be for the courts to engage in what Sutherland describes as a 'conscious process of prioritising'58 the relative importance of the traditional policy considerations and constitutional values.
In such a scheme, there would be no conceptual distinction between the roles performed by constitutional values and the traditional policy considerations in the public policy analysis.
In order to maintain the recognised importance of constitutional values to public policy, however, we should afford these values greater importance relative to the traditional policy considerations.
In this way, so the argument goes, we could meaningfully balance values with the traditional policy considerations, but avoid any dilution of their importance by bringing 'them down to the level of59 such considerations.
Whilst this approach recognises the importance of constitutional values to the public policy analysis, relative to traditional policy considerations, its problem lies in its failure to make any conceptual distinction between the roles that they play in the analysis.
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