Where a right's infringement originated in a court's adjudication as an exercise of public power, what does a grant decision do to that judgment?
General information · Not legal advice
Material to check
In a practice file we read the copy of the judgment said to have infringed the right, the Constitutional Court's decision granting the application, since each shows whether the adjudication falls within what this paragraph reaches.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the paragraph as written: in the case the paragraph before it governs, where the exercise of public power that caused the infringement is a court's adjudication, the Constitutional Court cancels that adjudication, and the court must try the case again in line with the purport of the Constitutional Court's decision.
Another reading notes that the paragraph speaks of cancelling the adjudication itself and says nothing about what followed from it, so how far the cancellation reaches into enforcement or other steps taken on that judgment is left open by this provision.
Your judgment
If the cancelled judgment set the course of later proceedings, what in the record shows which of those steps depended on it?
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 say how far a cancelled judgment's effects reach, or if a Constitutional Court decision explains what a court must redo after such a cancellation.