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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In what circumstances can a defendant or an intervener be

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in what circumstances can a defendant or an intervener be added to constitutional proceedings in a country with a written constitution

Hello my name is ***** ***** I will help you.

Could you please explain your situation a little more?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Customer: replied 1 year ago.

Yes I understand that, but what about the circumstances of the case?

Customer: replied 1 year ago.
The claimant claims a violation of his constitutional right to equality of treatment in that he has been discriminated against by being bypassed for promotion in the public service. The Public Service Commission has exclusive responsibility under the Constitution for the appointment and promotion of public officers. The claimant brings an action against the Attorney General, who is the proper defendant in constitutional proceedings against the State (which would include the Public Service Commission).
The Civil Proceedings Rules allows a defendant where it is necessary or desirable to be added. The CPR also allows an interested party to be joined as a party to the action but does not state in what circumstances. The claimant now wants to join the Public Service Commission as a party to the proceedings on the ground that it was the Commission's conduct which resulted in the claimant been discriminated against. Even though the answer seems to be that it is unlikely that the Public Service Commission can be joined as a defendant or an interested party, the learning is scanty as to the circumstances in which a defendant or interested party can be joined in constitutional proceedings. Would there have to be some compelling public interest or some real possibility that the Attorney General, in representing the State in the proceedings, might compromise the independence of the Public Service Commission thereby warranting the Commission to intervene in the proceedings?

The rule is quite wide - where it is desirable. That is the test, nothing more.

If you can satisfy the Court that it is a good idea, then they should be added.

It does not need to be in the public interest, although that in itself may make it desirable.

But the test is very low threshold.

You can make an application - a Judge can then decide.

But usually the body itself makes an application as it wants to intervene.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex