Judicial Restraint - Locus Standi Flashcards
(25 cards)
What does Locus Standi mean?
What are the three primary reasons behind the rule of locus standi?
For a person to bring a constitutional he/she must having standing to do so.
1. Proper allocation of judicial resources
2. Prevention of vexatious suits by “busybodies”
3. Requirement of real controversy in the adversarial system
What is the general test for standing from Cahill v Sutton?
A person must be adversely affected or at real/imminent risk of being adversely affected by a law.
What are the two exceptions to the locus standi rule in Cahill v Sutton?
- The prejudiced person cannot assert their rights in time (e.g., unconscious or unborn).
- The law targets a group which includes or is closely connected to the challenger.
What is the jus tertii principle?
A person cannot challenge a law based on the hypothetical rights of third parties not before the court.
How did the Supreme Court treat standing in Mohan v Ireland?
It ruled Mohan had standing because he was plausibly and actually affected, despite the party possibly implementing quotas independently.
What test for standing did the Supreme Court articulate in Mohan v Ireland?
There must be a real or imminent adverse effect on the plaintiff’s interests; not necessarily the best litigant, but one with a real connection.
In AB v Clinical Director of St. Loman’s Hospital, why was standing granted?
The Court of Appeal held the plaintiff’s situation might evolve, so his challenge was not a jus tertii claim.
Why did the court deny standing in P v Judges of the Circuit Court?
Because the appellant was not charged for adult consensual conduct; he could not argue for others who might be.
What did the Court say about non-citizens in Nicolaou?
Citizenship may matter, but non-citizens can challenge Irish laws if the issue relates to their personal rights.
What distinction did the Electoral Amendment Bill case make?
Citizens have standing in electoral rights cases (Articles 12, 16, 47), while non-citizens may rely on personal rights (Articles 40–44).
What was the court’s stance on non-citizen rights in the Illegal Immigrants (Trafficking) Bill case?
All individuals bound by State decisions must have access to challenge them in court.
What is the ‘bona fide interest’ standard from SPUC v Coogan?
A plaintiff must show genuine, close interest in the constitutional right at issue, beyond formal company documents.
Why was standing denied in Construction Industry Federation v Dublin City Council?
The association could not show direct harm; the Court held individual members were better placed to bring the claim.
How did the court apply standing in Irish Penal Reform Trust?
Standing was granted as the prisoners had limited means and the trust had a bona fide concern in the matter.
What rights could Digital Rights Ireland challenge and why?
Privacy and communication rights — these were relevant to corporate activity, unlike family or travel rights.
Why did Crotty v An Taoiseach grant standing?
It involved a constitutional matter affecting all citizens — the ratification of the Single European Act.
What justified standing in McKenna v An Taoiseach?
No one else was likely to challenge improper referendum funding, fulfilling a public interest exception.
Why did Riordan v An Taoiseach receive standing?
He raised a genuine constitutional concern about executive absence, fitting the ‘public interest’ exception.
Why was standing denied in McDaid v Sheehy?
The plaintiff wasn’t affected by the customs duty law he challenged, unlike Crotty or McKenna.
What was the ‘best litigant’ reasoning in Dunnes Stores v Revenue?
The most directly affected party was the consumer paying the plastic bag levy, not the retailer.
Why was Mr Hall denied standing in Hall v Minister for Finance?
He was not a TD and lacked the proper constitutional role to challenge legislation under Article 17.
What did the court say about indirect effects in Fleming v Ireland?
Indirect impairments (e.g., impact on a partner’s actions) can still provide standing if rights are seriously affected.
Why did Friends of the Irish Environment lose standing?
As an NGO, it could not assert rights like life or bodily integrity, and failed to show why a natural person couldn’t bring the case.
What did the Supreme Court reaffirm in Fitzpatrick v Minister for Agriculture?
Cahill v Sutton remains the doctrinal foundation, and Mohan expanded but stayed within its framework.
