Remedies and Constitutional Litigation
Standing and procedure
Constitutional challenges require standing. Private litigants must show a direct interest; public interest standing is discretionary and considers serious justiciability, genuine interest, and whether the issue is otherwise unlikely to be litigated. Courts may hear references from governments. Interventions are common.
Remedies
Section 52(1) declares inconsistent laws of no force or effect. Courts may suspend declarations to allow legislative correction, as in Schachter. Section 24(1) provides individual remedies, including damages in some cases. Section 24(2) excludes evidence where admission would bring the administration of justice into disrepute, applying the Grant factors: seriousness of the breach, impact on the accused's rights, and society's interest in adjudication on the merits.
Reading down and severance
Courts may read down a law to preserve constitutionality, or sever invalid portions. Reading in is used sparingly. Courts avoid intruding into legislative choices.
Traps
Questions often conflate section 52 invalidity with section 24 individual remedies, or forget that suspended declarations leave the law temporarily operative. Another trap is assuming damages are available only under section 24(1) when section 52 can also ground relief.
Rule of thumb
Identify the remedy sought: invalidity under section 52, individual relief under section 24(1), or exclusion under section 24(2).