We are frequently asked how to decide whether to initiate or support a particular legal challenge.
It is not a scientific process leading to an inevitable, indisputable decision, but there are some guidelines that we use based on the experience we have gained over the past 17 months.
What are the essential characteristics of a legal challenge?
· Judiciable – Arguable
There has to be a point of law on which the challenge can be based and argued.
· Legal Standing
The person(s) bringing the challenge must have a specific and legitimate interest in the outcome.
The court has to have jurisdiction over the implementation of the decision for the challenge to have meaning.
· Public Interest
Courts do not decide matters based on a purely academic question or on curiosity. There has to be palpable, tangible and relevant importance to the question the courts are being asked.
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