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Should I make a constitutional challenge when the government gets it wrong?

  • There are not many cases where a private citizen could realistically use constitutional law to have a specific government decision altered. Although popular culture may make it appear as though grievances can be effectively tackled in this way in general such an approach would not be advised.
  • Administrative law is specifically designed to help citizens gain justice in relation to public decisions and omissions. It has the capacity to provide the right outcome for all complaints, issues and actions.
  • Constitutional law would only become relevant after considerable judicial scrutiny of very particular legal issues in the lower courts.
  • You will also need to prove that you have standing (an appropriate legal interest) which entitles you to bring the challenge to the court.
  • If you do decide to challenge the government’s actions as unconstitutional you must be prepared for an extremely complex, expensive and time-consuming process.
  • You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.

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