Locus Standi Essay Flashcards
(10 cards)
What does locus standi mean in Irish constitutional law?
It is the capacity of a person to bring proceedings, involving both the right to seek a remedy and the right to raise certain arguments.
What case established the modern rule on standing in Ireland?
Cahill v Sutton [1980] IR 269 – a plaintiff must show personal injury or imminent threat to their rights.
What are exceptions to the Cahill rule?
Courts may allow standing in cases of constitutional imperative or where no better plaintiff is likely to emerge.
Examples include Crotty, SPUC v Coogan.
When can public interest support standing?
In Digital Rights Ireland [2010], the Court allowed standing due to the societal importance of privacy rights and the plaintiff’s bona fides.
What is the jus tertii doctrine?
A rule that prevents plaintiffs from asserting the constitutional rights of others.
What case illustrates the limits of jus tertii?
Norris v AG [1984] – Norris could not rely on marital privacy arguments as he was not married.
Are there exceptions to the jus tertii rule?
Yes – courts have allowed challenges in cases of significant constitutional interest.
Examples include SPUC v Grogan, South American relatives cases.
What is the doctrine of mootness?
It bars cases where the live controversy has ended, unless exceptional circumstances justify a ruling.
Name cases where mootness was waived.
Condon v Minister for Labour, McCann, O’Brien v PIAB, Okunade – due to recurrence or ongoing legal uncertainty.
What factors may lead courts to hear a moot case?
If the issue is of public importance, likely to recur, or has systemic implications.
Example: Farrell v Governor of St Patrick’s Institution.
