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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

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.

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