Cameron Miranda
Standing, or locus standi, is the capacity of a party to bring a lawsuit in court. In the United States, common law is deeply rooted in stare decisis, which means to stand by things decided, where courts follow precedents established by previous decisions. Common law is generally uncodified, relying on scattered statutes and largely on precedent, or stare decisis. In the context of standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. This is known as an injury in fact, which must be analogous to an injury recognised at common law. While common law does not have a comprehensive compilation of legal rules and statutes, it is acknowledged by US courts and plays an important role in establishing standing.
| Characteristics | Values |
|---|---|
| Definition | Standing, or locus standi, is the capacity of a party to bring a lawsuit in court. |
| Common Law Test | To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. |
| Common Law Rights | A "legal right" could be a common-law right, such that if the injury were administered by a private party, one could sue on it. |
| Common Law Analogues | The Court in Spokeo declared that the “injury-in-fact” inquiry “asks whether plaintiffs have identified a close historical or common-law analogue for their asserted injury.” |
| Common Law and Federal Courts | Federal courts cannot hear some claims because they lack a basis in common law tradition. |
| Common Law and State Courts | State court can be a viable, effective alternative to federal court when plaintiffs have had their statutory rights violated but federal courts dismiss their case for lack of Article III standing. |
| Common Law and Precedent | Common law is deeply rooted in stare decisis, meaning that courts follow precedents established by previous decisions. |
| Common Law and US Federal Courts | The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals. |
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What You'll Learn
Common law and standing in US courts
Common law is deeply rooted in stare decisis, which means "to stand by things decided". In other words, common law is largely based on precedent, where courts follow decisions made in previous similar cases. In the US, common law is used to interpret and determine the boundaries of law, including the US Constitution, legislative statutes, and agency regulations.
Standing, or locus standi, is the capacity of a party to bring a lawsuit in court. To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. This is also known as a "legal right". A legal right can be established in two ways: as a common-law right, or as a right created by the Constitution or a statute. A common-law right means that if an injury were administered by a private party, one could sue.
In the US, the federal courts' constitutional standing doctrine is based on Article III of the US Constitution, which states that the judiciary may only decide a "case or controversy". This means that a person must demonstrate they have suffered a "concrete" and "particularized" injury that is "traceable" to the defendant's actions. This is also referred to as an injury in fact, where the injury is of a legally protected interest.
The Supreme Court has created a three-part test to determine whether a party has standing to sue: injury in fact, causation, and redressability. However, the interpretation of these terms has been inconsistent, making standing determinations unpredictable. For example, consumers who have had their legal rights violated but have suffered intangible harms, such as a violation of data privacy, may be dismissed from court on the grounds that they have not suffered a sufficiently "concrete" injury.
In summary, common law is a key aspect of the US legal system, influencing the interpretation and application of law. Standing, or locus standi, is the ability of a party to bring a lawsuit, and is determined by the degree of connection and harm to the party. The US federal courts' standing doctrine is based on Article III, which requires a demonstration of a concrete and particularized injury. The interpretation of standing requirements has been a subject of debate and criticism.
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Common law rights and how they can be enforced
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. The US operates under a dual system of both common and civil law.
Common law has been used to prosecute new intrusive activities, such as upskirting, which was made a crime in the UK in 2019. It has also been used as the basis for new legislation, such as the Voyeurism (Offences) Act in the UK. Common law has also been influential in human rights law, with the Australian Human Rights Commission noting that common law courts have the power to provide significant protection of human rights principles, including the rule of law.
Common law rights can be enforced through the concept of standing, which is the capacity of a party to bring a lawsuit in court. To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. This is known as having a "legal right", which can be established in one of two ways: as a common-law right or as a right created by the Constitution or a statute. In the US, the Supreme Court created a three-part test to determine whether a party has standing to sue: injury in fact, causation, and redressability. This means that the plaintiff must have suffered an "injury in fact", meaning that the injury is of a legally protected interest, and it must be concrete and particularized.
In addition to the general requirements for standing, there are also specific types of standing that may apply in certain situations. For example, taxpayer standing is the concept that any person who pays taxes should have the right to file a lawsuit against the taxing body if they feel that funds are being allocated improperly. However, the US Supreme Court has held that taxpayer standing is not sufficient to sue the federal or state government, but it is sufficient to sue a municipal government. Another example is public interest standing, which was developed by the Supreme Court of Canada and considers whether there is a serious issue raised regarding the invalidity of legislation.
While common law rights can be enforced through the concept of standing, it is important to note that common law has also led to the unfair marginalization or disempowerment of certain groups, as past decisions continue to shape future rulings until societal changes prompt a judicial body to overturn the precedent.
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The role of precedent in common law
Common law is also known as judicial precedent, judge-made law, or case law. It is a body of law primarily developed through judicial decisions rather than statutes. Common law systems place great weight on precedent, with judges in common law jurisdictions relying on previous rulings (precedents) to make decisions on new cases. This is in contrast to civil law systems, where civil law judges tend to give less weight to precedent.
The use of precedent in common law has evolved over time. In the 19th century, Scottish common law differed in that the use of precedent was subject to the courts seeking to discover the principle that justifies a law rather than searching for an example as a precedent. Principles of natural justice and fairness have always played a role in Scottish law. From the 19th century, the Scottish approach to precedent developed into a stare decisis akin to that of England, reflecting a narrower, more modern application of case law in subsequent instances.
In the late 19th century, the reliance on old maxims and rigid adherence to precedent in common law came under critical discussion, starting in the United States. Oliver Wendell Holmes Jr., in his famous article "The Path of the Law", commented:
> It is revolting to have no better reason for a rule of law than that so it was laid down in the time.
Aleksander Peczenik identified four roles that precedents typically perform:
- They bind formally.
- They have normative force but do not bind formally.
- They are neither formally binding nor have any normative force, but provide 'further support'.
- They serve to illustrate points of law.
Peczenik's conclusion suggests that the existence of a relevant precedent may not always make a normative difference in the decision of a later court. This is supported by the fact that civil law courts may sometimes reach legally justified decisions even if they have contravened or ignored relevant precedent.
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Common law and the US Constitution
Common law is generally uncodified, meaning there is no comprehensive compilation of legal rules and statutes. It relies on scattered statutes and legislative decisions, but is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. Common law is deeply rooted in stare decisis, meaning "to stand by things decided", where courts follow precedents established by previous decisions.
In the US, the federal courts' constitutional standing doctrine is based on Article III of the US Constitution, which provides that the judiciary may only decide a "case or controversy". The Founders did not want federal courts issuing purely advisory opinions about what the law requires when there is no actual dispute to resolve, as that would encroach on the powers of the legislative and executive branches of government.
To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. This is known as locus standi. At the federal level, legal actions cannot be brought simply because an individual or group is displeased with a government action or law. Federal courts only have the constitutional authority to resolve actual disputes.
In Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to determine whether a party has standing to sue: Injury in Fact, Causation, and Redressability. The plaintiff must have suffered an "injury in fact", meaning the injury is of a legally protected interest, which is concrete and particularized.
The Supreme Court has declared that the "injury-in-fact" inquiry "asks whether plaintiffs have identified a close historical or common-law analogue for their asserted injury". This has been interpreted to mean that an unharmed plaintiff cannot sue in federal court.
In summary, common law is a system of law based on precedent and is deeply rooted in stare decisis. In the US, federal courts' constitutional standing doctrine is based on Article III of the US Constitution, which allows the judiciary to decide on a "case or controversy". To have standing in federal court, a party must demonstrate a sufficient connection to and harm from the law or action being challenged, and meet the three-part test for standing established by the Supreme Court. The Supreme Court has also emphasized the importance of identifying a common-law analogue for asserted injuries.
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Common law and statutory rights
Common law is a body of unwritten laws based on legal precedents established by the courts. It is a system that originated in England and spread to North America during the colonial period. Common law is also practiced in Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom.
In the US, common law has influenced the creation of new legislation. For example, the common-law offence of "outraging public decency" has been used to prosecute a new intrusive activity called "upskirting". Despite the influence of common law, the US operates under a dual system of both common and civil law.
Statutory rights are rights created by a constitution or statute. In the US context, a "legal right" can be established through common law or statutory rights. Common law rights allow individuals to sue for injuries administered by a private party. Statutory rights, on the other hand, provide a framework for judicial review and allow individuals to seek redress for legal wrongs caused by agency action.
Standing, or locus standi, is a party's capacity to bring a lawsuit in court. To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged. This is determined by the statutes of a particular state, with federal courts only having the authority to resolve actual disputes.
In the context of taxpayer standing, the US Supreme Court has held that taxpayers cannot sue the federal or state government based solely on their status as taxpayers. However, taxpayer standing is sufficient to sue a municipal government in federal court.
Common law courts in Australia have the power to protect human rights principles, except where legislation specifically overrides this power. Australian courts presume that Parliament does not intend to limit fundamental rights unless clearly stated. This presumption provides a substantial level of protection for the "principle of legality".
In summary, common law and statutory rights interact within the legal system, with common law providing a basis for new legislation and statutory rights offering frameworks for judicial review and redress. Standing is a critical aspect of bringing a lawsuit, and courts in common law jurisdictions, such as Australia, play a crucial role in protecting human rights.
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Frequently asked questions
Standing, or locus standi, is the capacity of a party to bring a lawsuit in court. To have standing, a party must demonstrate a sufficient connection to and harm from the law or action being challenged.
Common law is generally uncodified, relying on scattered statutes and largely based on precedent. Common law is deeply rooted in stare decisis, meaning that courts follow precedents established by previous decisions. Common-law rights can establish a "legal right" and provide a basis for suing. In the US, common law is used in interstitial common law, which includes the judicial interpretation of fundamental laws, such as the US Constitution.
The US Supreme Court has held that taxpayer standing is not sufficient to sue the federal government, but it is enough to sue a municipal government. In Lujan v. Defenders of Wildlife, the Supreme Court created a three-part test to determine standing: Injury in Fact, Redressability, and Causation.
