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The Court, applying the decision of the House of Lords in R. v. Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small Businesses Ltd. (1981), [1] held that the test for standing was whether the applicant had a sufficient interest in the subject matter, and not whether he or she had a specific legal right. [18]
Note that legislation can impose shorter time limits while a court may hold that an application made in less than three months may still be not prompt enough. The applicant must have a sufficient interest in the matter to which the application relates. [4]: s. 31(3) This requirement is also known as standing (or “locus standi”).
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:
The issue on appeal was separation of the note and mortgage, and whether that affected the plaintiff’s right to foreclose. ... lacked standing to foreclose on the mortgage because it did ...
5–4 Baker v. Carr: 1962: Held that voters have standing to litigate when their Constitutional Right to vote in the United States is infringed. 7–2 Epperson v. Arkansas: 1968: In contrast to Poe, the court did recognize standing in a case for overturning an unenforced Arkansas state law prohibiting the teaching of evolution. [3] 9–0 Flast ...
The Appellate Committee of the House of Lords held by a majority (Lord Wilberforce, Lord Fraser and Lord Roskill) that the NFSE did not have a sufficient interest in challenging decisions concerning other taxpayers, and nor did taxpayers generally in others affairs, unlike ratepayers (Arsenal FC v Ende [1979] AC 1). The question of sufficient ...
The High Court held that the WDM had a sufficient interest, and that too much money was spent on the dam. Rose LJ said the following: factors of significance in the present case: the importance of vindicating the rule of law... the importance of the issue raised... the likely absence of any other responsible challenger... the nature of the breach of duty... the prominent role of these ...
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.