This is an extract of our Locus Standi document, which we sell as part of our GDL Constitutional and Administrative Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
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Locus Standi _______________________________________________________ This is a unique requirement of public law (except perhaps EU law, but that is arguably a type of public law if the CoJ is considered the supreme court of Europe)?
Senior Courts Act 1981 S.31(3) requirement of standing Common law has provided the requirements of sufficient interess
? Schiemann J: o Benefits of a closed regime:
? Resources of public bodies
? Resources of the court
? The best argument will be put forth by the person most directly affected o Benefits of an open system:
? Enables public spirited individuals to bring breaches to the attention of the court
? Wider scrutiny of the executive
? Rule of law requirement that no-one is above the law
? Directly affected individuals will not always be those with the resources to bring an action (pressure groups)
? B Hough: "Standing is capable of producing arbitrary results lacking any coherence" suggests that standing confuses public law as a breed of private law which has an individual's right at its focus - public law proper should be "a system of controls on governmental power the beneficiaries of which are the community at large and not one individual even if that individual suffers more serious harm when abuse of power occurs" The leave stage might satisfy the benefits of the closed system:
? Lord Diplock (Fleet Street Casuals) - permission stage designed to "prevent the time of the court being wasted by busybodies with misguided or trivial complaints...and to remove the uncertainty in which public...
authorities might be left..."
Historical development Ware v Regent's Canal (1858)
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