Chapter 12.7

Question 1

the requirement for standing

Answer 1

Courts must wait until a party decides to pursue a case before they can create precedent and make law. A party cannot take a case to a court unless a court has the authority or jurisdiction to hear the case or matter.
In addition, the party initiating the case must have standing in the case to be able to pursue it. That is, the party must be directly affected by the issues or matters involved in the case to have the right to commence a legal proceeding in court.

Question 2

the issue of standing in the high court

Answer 2

The issue of standing is important in the high court in cases that involve challenging a commonwealth law. This is because the high court generally only hears cases where a person has a special interest.

Question 3

special interest

Answer 3

Special interest means they are more effected than other members of the general public. They must show they are more affected by the law and will gain a greater material advantage if the action succeeds, or will suffer a greater material disadvantage if the action fails, then a member of the general public

Question 4

the main purpose of the requirment for standing

Answer 4

-The main purpose of the requirement for standing is to ensure cases are only pursued through the courts by people who are genuinely affected by an issue or matter. This prevents waste of court resources on cases in which the plaintiff is not directly affected by the matter and outcome of the case
- Ensures cases brought before the courts have merit and it discourages frivolous actions

Question 5

the need for parties to show they have standing

Answer 5

• The need for parties to show they have standing can prevent plaintiffs who have a general interest in a case from pursuing the matter on behalf of another person or in the interest of the general public.
• Also might prevent a person who may have greater financial capacity, time, oral skills and confidence from pursuing a matter on behalf of another party, less able and willing, who has directly had their rights breached.

Question 6

standing

Answer 6

the requirement that a party must be directly affected by the issues or matters involved in a case for the court to be able to hear and determine it

Question 7

case in relation to the requirement for standing

Answer 7

In the case of Australian conservatism foundation inc v commonwealth the Australian conservation foundation sought to challenge a government decision on environmental grounds. however the high court held that ACF did not have standing because it could not demonstrate that it was directly affected by the decision as it was not personally or financially impacted. Because ACF lacked standing, the court did not hear the case

Question 8

how does standing affect the ability of courts to make law

Answer 8

• if an individual or group cannot prove that they are sufficiently impacted, their case will not be heard. this limits the number of cases that reach the courts and therefore limits the ability to make laws
• standing ensures that courts adress concrete issues but does not adress issues of public concern, therefore limiting the scope of judicial lawmaking
• the standing requirment can deter public interest cases where the harm is diffuse or widely shared amount the population such as environmental or human rights cases.
• standing can lead to selective law development where courts primarly hear cases involving individuals with the resources and motivation to litigate