This is a single section from Chapter 3. Read the full chapter here.

Access to the courts

New legislation should not generally restrict the right of access to the courts.


Access to the courts: The ability of the courts to review the legality of government action or to settle disputes is a key constitutional protection. Legislation that seeks to limit this right must be justified, and will generally be given a restrictive interpretation by the courts. This principle does not prohibit a mandatory requirement to attempt a resolution by alternative dispute resolution (“ADR”) or review processes before bringing court proceedings in appropriate cases (see Chapter 26).


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