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Practice area

Constitutional & Human Rights

Public-interest litigation, rights enforcement and judicial review.

Overview

What’s typically covered

  • Constitutional petitions to enforce rights in the Bill of Rights
  • Judicial review of administrative decisions under the Fair Administrative Action Act
  • Public-interest litigation on governance, public land and public funds
  • Challenges to the constitutionality of statutes and regulations
  • Conservatory orders to preserve rights while a petition is heard
  • Advice to organisations on rights compliance and public participation

Typical scenarios

  • Residents challenging a county decision made without public participation.
  • An individual whose property was demolished without notice seeking compensation.
  • A professional body challenging new regulations that exceed the parent Act.

Legal services

What Constitutional & Human Rights includes

Each service below has its own page with a detailed explanation of the work, the process and what to expect.

FAQs

Constitutional & Human Rights: common questions

Article 22 of the Constitution allows any person to go to court claiming that a right has been denied, violated or threatened — on their own behalf, for someone who cannot act for themselves, for a group, in the public interest, or as an association acting for its members.

A constitutional petition asks the court to enforce rights or interpret the Constitution. Judicial review asks the court to check whether a public body’s decision was lawful, reasonable and procedurally fair. Many cases combine both; an advocate will choose the right route for your facts.

Applications for an order of certiorari to quash a decision must generally be brought within six months of the decision. Constitutional petitions have no fixed limitation period, but unreasonable delay can count against you.

Yes. Article 23 allows the High Court to grant appropriate relief, including declarations, injunctions, conservatory orders and compensation.

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