Once whether a statute breaches the Constitution becomes a premise of the trial, which court may refer that question to the Constitutional Court, and on what finding or application?
General information · Not legal advice
Material to check
In the practice material of this kind, we read the party's written application or the court's own file note, which should identify the statute said to be unconstitutional; the assignment record showing which court, a military court included, is handling the case; and the ruling recording the referral to the Constitutional Court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: the court handling the case, military courts included, refers the question to the Constitutional Court by a ruling once whether a statute breaches the Constitution has become a premise of the trial, whether that arises on the court's own motion or on a party's application, a court other than the Supreme Court referring through the Supreme Court.
Another reading notes that the provision does not say when a statute's constitutionality becomes 'a premise of the trial', so the threshold rests with the referring court's assessment; a party's application alone does not establish it, and the provision sets out no test the file must satisfy.
Your judgment
Where a party asserts that a statute is unconstitutional but the court makes no referral, what in the file would show whether the issue was truly a premise of the trial?
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 define when a statute's constitutionality becomes a premise of the trial, or if a Constitutional Court decision sets the threshold for making a referral.