The Citizen's Right to Standing in Federal Courts Act of 1978: Joint Hearings Before the Subcommittee on Citizens and Shareholders Rights and Remedies of the Committee on the Judiciary and the Committee on Governmental Affairs, United States Senate, Ninety-fifth Congress, Second Session, on S. 3005 ... August 16 and 23, 1978U.S. Government Printing Office, 1978 - 282 páginas |
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administrative Administrative Procedure Act agency alleged allegedly article III assert Attorney bill Casa de Puerto certiorari citizens City of Hartford claim Cohen Commission Committee complaint confer standing Congress congressional constitutional controversy D.C. Cir Data Processing decision defendants denied standing dismissed dissenting enactment enforcement Federal courts Federal Courts Act Flast granted grounds Hartford Fire Department Hispanic injury in fact intervention issue Jaffe judges judicial review judicial standing judiciary jurisdiction Justice Brennan Justice Douglas law of standing lawsuit legislation limitations litigation mandamus ment merits Office opinion participation party Penfield personal stake plaintiffs present proceeding prohibition Public Actions public interest Puerto Rico question remedy restrictive result Richardson rules Seldin Senator METZENBAUM separation of powers Sierra Club standing doctrine Standing in Federal standing requirements standing to challenge statement statute suit supra Supreme Court taxpayer standing tion Trafficante unconstitutional United violation Warth zone of interests
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Página 257 - Those then who controvert the principle that the Constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the Constitution and see only the law.
Página 252 - ... injury in fact, economic or otherwise, can bring suit, so long as "the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.
Página 257 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.
Página 244 - gist of the question of standing" is whether the party seeking relief has "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.
Página 142 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.
Página 196 - It was shown in the last paper, that the political apothegm there examined, does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake in the next place, to show that unless these departments be so far connected and blended, as to give to each a constitutional control over the others, the degree of separation which the maxim requires as essential to a free government, can never in practice, be duly maintained.
Página 196 - Baker v. Carr, 369 US 186, 204 (1962). In other words, when standing is placed in issue in a case, the question is whether the person whose standing is challenged is a proper party to request an adjudication of a particular issue and not whether the issue itself is justiciable.
Página 25 - Our Nation is moving toward two societies, one black, one white— separate and unequal.
Página 228 - The party who invokes the power must be able to show, not only that the statute is invalid, but that he has sustained or is immediately in danger of sustaining some direct injury as the result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
Página 159 - The nature of the petitioner's right under the statute to be made a party to the proceeding; (2) the nature and extent of the property, financial or other interest of the petitioner...