A polemic against the standing requirement in constitutional cases

Patrick, Jeremy (2013) A polemic against the standing requirement in constitutional cases. Capital University Law Review, 41. pp. 603-635. ISSN 0198-9693


Abstract

This article argues that, in constitutional cases, the standing requirement should be flatly abolished. The primary flaw with standing doctrine is that renders large swathes of the Constitution functionally worthless, contrary to the clear intention of the text and the structure of the document itself, as well as the intentions of those who drafted and ratified it. Further, standing doctrine lacks textual support, historical support, a role in maintaining the separation of powers, or any other practical necessity to warrant its retention.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright 2013 Thomson Reuters.
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited: 01 Dec 2013 23:01
Last Modified: 16 Jul 2014 00:05
Uncontrolled Keywords: Standing, Justiciability, Constitution, Injury
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation
48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/24306

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