Standing to Raise Constitutional Issues: A Comparative Analysis

Richard S. Kay, STANDING TO RAISE CONSTITUTIONAL ISSUES: A COMPARATIVE ANALYSIS, Bruylant, 2006

40 Pages Posted: 30 Mar 2006

See all articles by Richard S. Kay

Richard S. Kay

University of Connecticut School of Law

Abstract

This essay, a revised version of the General Report on "Standing to Raise Constitutional Issues" presented at the XVI International Congress of Comparative Law, surveys the principal approaches to this question in different legal systems. It attempts to re-conceptualize the distinctions by positing two principal criteria for standing rules based on two different purposes of constitutional judicial review. The first is to resolve legal questions in order to decide particular controversies; the second is to reinforce the impact of constitutional rules by providing opportunities for authoritative clarifications and elaborations of those rules.

Keywords: standing, constitutional, judicial review, rules, comparative

JEL Classification: K19, K49

Suggested Citation

Kay, Richard S, Standing to Raise Constitutional Issues: A Comparative Analysis. Richard S. Kay, STANDING TO RAISE CONSTITUTIONAL ISSUES: A COMPARATIVE ANALYSIS, Bruylant, 2006, Available at SSRN: https://ssrn.com/abstract=891186

Richard S Kay (Contact Author)

University of Connecticut School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States
860-570-5262 (Phone)

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