Constitutional Litigation Flashcards
(14 cards)
What does ‘locus standi’ mean in constitutional litigation?
It refers to the legal capacity of a person to bring a case by showing a personal interest or right affected.
What is the primary rule from Cahill v Sutton [1980]?
A litigant must show their own rights are or are likely to be adversely affected by the law.
Name an exception to the Cahill rule.
Where no other suitable plaintiff exists or where a constitutional imperative is at stake (e.g., SPUC v Coogan).
How did Crotty v An Taoiseach affect standing rules?
Relaxed the rule; allowed a citizen to challenge governmental power affecting all citizens.
What determines standing in public interest cases like Digital Rights Ireland?
Bona fide interest in constitutional rights + public importance of the issue.
What does ‘jus tertii’ mean?
It prohibits a litigant from raising the constitutional rights of third parties unless exceptions apply.
What case limited the scope of arguments in Norris v AG?
The Court denied Norris standing to argue for marital privacy, as he was not married.
When is jus tertii permitted?
When the third party is unable to assert their rights or in pressure-group/public interest cases (SPUC v Grogan).
What’s the key distinction between locus standi and jus tertii?
Locus standi concerns standing to bring the case; jus tertii limits the arguments a party can raise.
What is mootness?
A case becomes moot when, by the time it’s heard, there is no longer a live controversy.
Which case defined mootness as absence of live legal dispute?
Goold v Collins [2004].
When might courts still hear moot cases?
If there is a matter of exceptional public importance or the issue is likely to recur (Okunade, Condon).
What test did O’Brien v PIAB apply?
Whether there’s a real ongoing interest and broader implications for others in the same legal context.
What is the difference between standing and mootness?
Standing is judged at the start of proceedings; mootness is assessed at trial.
