Standing in the Political Arena

27 Pages Posted: 3 Nov 2010 Last revised: 12 Nov 2010

See all articles by Jerry W. Markham

Jerry W. Markham

Florida International University (FIU) - College of Law

Date Written: Summer 1981

Abstract

It was generally believed ten years ago that the constitutional requirement of standing had “been almost completely abandoned.” A subsequent series of Supreme Court decisions, however, has made clear that standing requirements will continue to be applied to assure the existence of a real case or controversy. Indeed, if anything, the Supreme Court has "considerably tightened standing requirements."

Standing requirements may pose serious problems in challenges by aspiring politicians, their supporters and others claiming abuses of governmental processes by incumbents and in actions involving challenges by individual legislators to executive branch activities in a political context. This Article will explore the evolution of standing requirements, and their application to questions that may arise in the political arena.

Keywords: Standing, requirements, politics, government, political context, Congress, challenges, executive branch, injury in fact test, prudential standards

Suggested Citation

Markham, Jerry W., Standing in the Political Arena (Summer 1981). Albany Law Review, Vol. 45, No. 4, 1981, Florida International University Legal Studies Research Paper No. 10-42, Available at SSRN: https://ssrn.com/abstract=1701927

Jerry W. Markham (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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