When may a constitutional complaint be brought against a court's adjudication, and what must the file show before it can proceed?
General information · Not legal advice
Material to check
In practice material of this kind, we read the certified copy of the final judgment to confirm it has become final, any prior Constitutional Court decision the case relied on, and the papers showing which of the three grounds the complaint rests on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the limits as cumulative gates: a constitutional complaint filed under the general ground must concern a court's adjudication, must target a final judgment, and may be brought only where the adjudication infringed a constitutionally guaranteed basic right by contrary effect given to a Constitutional Court decision, by skipping the lawful procedure set by the Constitution and statutes, or by a clear violation of the Constitution and statutes.
Another reading stresses that the three cases are exhaustive rather than illustrative, so a complaint alleging that a judgment was merely wrong on the facts, or unfair in ways not falling within one of the three listed grounds, falls outside what this provision reaches even if a basic right was affected.
Your judgment
If a judgment departs from a Constitutional Court decision, how could the file show that the departure itself infringed a basic right rather than merely misreading the decision?
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 add or narrow the grounds for a complaint against a court's adjudication, or if a Constitutional Court decision clarifies when a violation is 'clear'.