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Standing (law)

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Standing (law)

In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:

In the United States, a person may not bring a suit challenging the constitutionality of a law unless they can demonstrate that they are or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff lacks standing to bring the suit and will dismiss it without considering the merits of the claim of unconstitutionality.

The Council of Europe created the first international court before which individuals have automatic locus standi.

Australia has a common law understanding of locus standi or standing which is expressed in statutes such as the Administrative Decisions (Judicial Review) Act 1977 and common law decisions of the High Court of Australia especially the case Australian Conservation Foundation v Commonwealth (1980). At common law, the test for standing is whether the plaintiff has a "special interest in the subject matter of the action". Under the Administrative Decisions (Judicial Review) Act 1977 to have standing the applicant must be "a person who is aggrieved", defined as "a person whose interests are adversely affected" by the decision or conduct complained of. This has generally been interpreted in accordance with the common law test.

There is no open standing, unless statute allows it, or represents needs of a specified class of people. The issue is one of remoteness.

Standing may apply to class of aggrieved people, where essentially the closeness of the plaintiff to the subject matter is the test. Furthermore, a plaintiff must show that he or she has been specially affected in comparison with the public at large.

Also, while there is no open standing per se, prerogative writs like certiorari, writ of prohibition, quo warranto and habeas corpus have a low burden in establishing standing.
Australian courts also recognise amicus curiae (friend of the court), and the various Attorneys General have a presumed standing in administrative law cases.

In Canadian administrative law, whether an individual has standing to bring an application for judicial review, or an appeal from the decision of a tribunal, is governed by the language of the particular statute under which the application or the appeal is brought. Some statutes provide for a narrow right of standing while others provide for a broader right of standing.

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