In considering the relationship between fundamental justice and execution, the Court wrote that "philosophic" views of fundamental justice that viewed execution as "inconsistent with the sanctity of human life" were not subject to judicial review, and that the Court could instead consider more legal issues such as "the protection of the innocent, the avoidance of miscarriages of justice, and the rectification of miscarriages of justice where they are found to exist." Hence wrongful convictions were especially to be feared in cases involving execution.
