翻訳と辞書
Words near each other
・ Standing Rock, Kentucky
・ Standing Room Only
・ Standing Room Only (1912 film)
・ Standing Room Only (1944 film)
・ Standing Room Only (1991 TV programme)
・ Standing Room Only (2003 film)
・ Standing Room Only (The Motels album)
・ Standing Room Only (TV series)
・ Standing Royal Navy deployments
・ Standing rule
・ Standing Rules of the United States Senate
・ Standing Rules of the United States Senate, Rule I
・ Standing Rules of the United States Senate, Rule II
・ Standing Rules of the United States Senate, Rule III
・ Standing Rules of the United States Senate, Rule IV
Standing (law)
・ Standing (surname)
・ Standing Advisory Committee before the European Patent Office
・ Standing Advisory Council for Religious Education
・ Standing Advisory Council on Religious Education
・ Standing All Alone
・ Standing army
・ Standing Army (film)
・ Standing at the Sky's Edge
・ Standing Baba
・ Standing Bear
・ Standing Bear Lake
・ Standing Bishamonten
・ Standing Boy Creek State Park
・ Standing Buddha


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Standing (law) : ウィキペディア英語版
Standing (law)

In law, standing or ''locus standi'' is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes:
# The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they directly will be harmed by the conditions for which they are asking the court for relief.
# The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment, because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law – the so-called "chilling effects" doctrine.
# The party is granted automatic standing by act of law. Under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows them to receive attorney's fees if they substantially prevail in the action. In some U.S. states, a person who believes a book, film or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a District Attorney to do so.
In the United States, the current doctrine is that a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that he/she/it is or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff "lacks standing" to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. To have a court declare a law unconstitutional, there must be a valid reason for the lawsuit. The party suing must have something to lose in order to sue unless it has automatic standing by action of law.
==International Courts==
The Council of Europe created the first international court before which individuals have automatic ''locus standi''.〔Smith, Rhona K. M., ''Textbook on International Human Rights''. 4th Edition. 2010.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Standing (law)」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.