A Place to Stand to Move the Earth: Standing and the Rule of LawSingapore Journal of Legal Studies (2020)
It has been said that rules relating to standing (locus standi) in public law try to resolve the conflict between the “desirability of encouraging people to participate actively in the enforcement of the law” and the “undesirability of encouraging meddlesome interlopers invoking the jurisdiction of the courts in matters in which they are not concerned”. Nonetheless, standing rules that are excessively restrictive may result in certain forms of governmental action being virtually immune from judicial scrutiny. This article argues that recasting the standing rules to focus on an applicant’s suitability to bring a claim and whether the claim is sustainable on its merits accords better with the courts’ role as a check on the political branches of government and their duty to uphold the rule of law.
- constitutional law of Singapore,
- locus standi,
- rule of law,
Publication DateSeptember, 2020
Citation InformationJack Tsen-Ta Lee. "A Place to Stand to Move the Earth: Standing and the Rule of Law" Singapore Journal of Legal Studies (2020) p. 367 - 391 ISSN: 0218-2173
Available at: http://works.bepress.com/jacklee/71/