Jeremy Patrick: A Polemic Against the Standing Requirement in Constitutional Cases
Jeremy Patrick (University of Southern Queensland School of Law) has posted A Polemic Against the Standing Requirement in Constitutional Cases on SSRN. Here is the abstract:
This article argues that, in constitutional cases, the standing requirement should be flatly abolished. The primary flaw with standing doctrine is that renders large swathes of the Constitution functionally worthless, contrary to the clear intention of the text and the structure of the document itself, as well as the intentions of those who drafted and ratified it. Further, standing doctrine lacks textual support, historical support, a role in maintaining the separation of powers, or any other practical necessity to warrant its retention.