Standing in the Political Arena
Albany Law Review, Vol. 45, No. 4, 1981
Florida International University Legal Studies Research Paper No. 10-42
27 Pages Posted: 3 Nov 2010 Last revised: 12 Nov 2010
Date Written: Summer 1981
Abstract
It was generally believed ten years ago that the constitutional requirement of standing had “been almost completely abandoned.” A subsequent series of Supreme Court decisions, however, has made clear that standing requirements will continue to be applied to assure the existence of a real case or controversy. Indeed, if anything, the Supreme Court has "considerably tightened standing requirements."
Standing requirements may pose serious problems in challenges by aspiring politicians, their supporters and others claiming abuses of governmental processes by incumbents and in actions involving challenges by individual legislators to executive branch activities in a political context. This Article will explore the evolution of standing requirements, and their application to questions that may arise in the political arena.
Keywords: Standing, requirements, politics, government, political context, Congress, challenges, executive branch, injury in fact test, prudential standards
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