How are a challenge to the constitutionality of a statute and a constitutional complaint heard, and when may a hearing be opened on them?
General information · Not legal advice
Material to check
In practice material of this kind, we read the written submissions the parties have filed, any notice setting a hearing date, the list of persons summoned to it, and the statements taken there, because each bears on whether the case was heard in writing or with a hearing.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the second paragraph as the starting rule: a judgment on the constitutionality of a statute and a judgment on a constitutional complaint are heard by written review, so the panel decides on the papers unless it opens a hearing.
Another reading stresses that a hearing is not the default but the exception, open only where the panel itself finds it necessary, and that it may hear parties, interested persons and other reference witnesses; once the panel does open one, it must set a date and summon the parties and concerned persons, so the provision leaves what makes a hearing necessary, and what weight statements given at it carry, unanswered.
Your judgment
What in the file could show that the panel found a hearing necessary rather than deciding on the written submissions alone?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which cases are heard in writing or to set when a hearing must be opened, or if a Constitutional Court decision explains what necessity means for opening one.