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Laches (Doctrine of Laches)

Constitutional & Public Law Doctrines

Definition

An equitable defense asserting that a petitioner has unexplainably and unreasonably delayed approaching the constitutional court to assert their legal rights, causing prejudice to the opposing party and justifying the court in refusing discretionary writ relief.

Example

A government servant challenges their promotional rejection 18 years after junior colleagues were promoted, without any medical or legal explanation for the delay; the High Court dismisses the writ on the ground of laches.