Questione giuridica chiave
Whether the state constitutional complaint was admissible despite unexhausted cantonal remedies
Decisione estratta
No. The alleged violations could have been raised in the cantonal nullity complaint, which was not exhausted by an appeal to the Federal Court.
Motivazione estratta
State constitutional complaint lies only against final cantonal decisions. Because the complained-of arbitrariness and denial of hearing were reviewable by the cantonal nullity complaint, and that remedy was used but the ensuing decision was not challenged, direct recourse to the Federal Court was barred.