[Download] "Standing Doctrine, Judicial Technique, And the Gradual Shift from Rights-Based Constitutionalism to Executive-Centered Constitutionalism." by Case Western Reserve Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Standing Doctrine, Judicial Technique, And the Gradual Shift from Rights-Based Constitutionalism to Executive-Centered Constitutionalism.
- Author : Case Western Reserve Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 481 KB
Description
ABSTRACT Although scholars have long criticized the standing doctrine for its malleability, its incoherence, and its inconsistent application, few have considered whether this chaos is related to the Court's insistence that standing be used as a tool to maintain separation of powers. (1) Most articles on standing, at least those written in the last thirty years, do not question whether standing should be freighted with separation of powers principles, but whether the standing doctrine, as applied in a given case, is consistent with those principles. (2) These treatments, which largely accept that the constitutional aspect of standing derives from separation of powers, are unsatisfying because they do not effectively consider the more fundamental query--i.e., why has a political concept (separation of powers) been attached to a legal framework (standing)? Nothing in the general conception of separation of powers would seem to require the intricate standing rules the Court has developed.
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