A Polemic Against the Standing Requirement in Constitutional Cases
University of Southern Queensland School of Law
November 30, 2012
Capital University Law Review, Vol. 41, 2013
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.
Number of Pages in PDF File: 24
Keywords: Standing, Justiciability, Constitution, Injury
JEL Classification: K10, K40Accepted Paper Series
Date posted: November 30, 2012 ; Last revised: November 28, 2013
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