Principle

CIVIL PROCEDURE — Fundamental Rights Enforcement — Jurisdictional Competence — Test for Determining Proper Procedure

Area of law
CIVIL PROCEDURE
Court
Supreme Court

To determine whether fundamental rights procedure is proper, the court examines three things: the reliefs sought, the grounds for those reliefs, and the facts relied upon. If the breach of fundamental right is the main plank of the case—the central grievance—the procedure is available. If…

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