A comment on costs in constitutional cases
Date of this Version
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which build upon some of the issues already raised. These questions relate, in particular, to the possible consequences of special costs rules in constitutional cases, the potential for such rules to increase access to constitutional justice, and whether existing principles might be sufficient as they stand to achieve this objective.
This document has been peer reviewed.