Rosado Marzán v. Rivera García

I agree in part with the evaluation of the judicial function made by Mr. Justice Saldana in his dissenting opinion. However, I believe that there is a vital element missing from that evaluation and furthermore, that the circumstances of this case do not permit the exercise of the judicial discretion urged by the dissenting opinion. These reasons, and the significance of the question raised, force me to write a separate opinion in which I shall examine the scope of the dissenting proposition, the historic circumstances under which our legislation has developed, the differences between the…