When a constitutional complaint has gone through another law's remedy procedure, or challenges a court's adjudication, from which event does the time to file run?
General information · Not legal advice
Material to check
In a practice file we read the copy of the final decision made under the other law's remedy procedure and the paper showing the day notification of it was received, since the period runs from that notification. For a complaint against a court's adjudication we read the copy of the judgment and the papers showing the date on which it became final, since the period runs from that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the proviso as written: a constitutional complaint under the first paragraph that has gone through a remedial procedure under another law must be filed within the period the provision sets from the day the complainant received notification of that procedure's final decision, and a complaint against a court's adjudication within that period from the date the adjudication became final, so neither runs from the day the ground was learned.
Another reading notes that the proviso attaches two different triggers, notification received and the date of finality, and that it neither restates the main clause's limits of knowing the ground and the date the ground existed nor sets out any consequence for a step taken after the period has passed.
Your judgment
If a court's adjudication also concluded a remedy procedure under another law, which of the two triggers in the proviso governs the period?
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 either trigger or the period it sets, or if the Constitutional Court decides which trigger governs where a court adjudication followed another law's remedy procedure.