RE_MUGISHA___Constitutional_petition__419490_en

RE_MUGISHA___Constitutional_petition__419490_en

The Court held that in petitions seeking to declare a law unconstitutional, standing must be interpreted broadly to include both personal and public interest. The petitioner, as an advocate and citizen, has sufficient interest to bring the petition, and the State cannot raise a preliminary objection as a party but only express its opinion.

Citation
RLR V.2-2019
Parties
Petitioner: Advocate Mugisha Richard; State: State of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 January 2019
Case Number
RS/INCONST/SPEC 00002/2018/SC
Procedural Posture
Constitutional Petition / Preliminary Objection on Admissibility/standing
Outcome
Preliminary objection dismissed; petitioner has standing.
Legal Topics
Standing in Constitutional Petitions, Unconstitutionality of Laws, Public Interest Litigation, Admissibility of Petitions
Source Language
en, rw
Constitutional Law Civil Procedure Standing in Constitutional Petitions Unconstitutionality of Laws Public Interest Litigation Admissibility of Petitions

Case Brief

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Parties

Advocate Mugisha Richard

Petitioner

State of Rwanda

State

Procedural Posture

Constitutional Petition / Preliminary Objection on Admissibility/standing

Legal Issues

  1. 1 Whether the State can raise a preliminary objection on admissibility in a petition seeking to declare a law unconstitutional
  2. 2 Whether the petitioner has sufficient interest (standing) to lodge the petition

Ratio Decidendi

The Court held that in petitions seeking to declare a law unconstitutional, standing must be interpreted broadly to include both personal and public interest. The petitioner, as an advocate and citizen, has sufficient interest to bring the petition, and the State cannot raise a preliminary objection as a party but only express its opinion.

Court Disposition

Preliminary objection dismissed; petitioner has standing.

Orders

  • Advocate Mugisha Richard has interest to lodge the petition.
  • Hearing to proceed on the merits on 18/03/2019.