Key legal question
Whether the constitutional complaint could raise new legal arguments not previously exhausted before the cantonal instances.
Extracted holding
Those new legal arguments were inadmissible because the cantonal remedies had not been materially exhausted.
Extracted reasoning
Under Art. 86 OG, the issue and legal grounds must already have been raised, at least in substance, before the cantonal authorities; otherwise they are new legal novelties barred in constitutional complaint proceedings.