| 释义 |
locus standi
[Latin: a place to stand] The right to bring an action or challenge some decision. Questions of locus standi most often arise in proceedings for judicial review. Section 31(3) Supreme Court Act 1981 provides that the court will not grant leave for judicial review unless the claimant has “sufficient interest” in the matter to which the application relates. However, “sufficient interest” is not defined and this has led to the courts being called upon to determine the issue, as in the notable case R v IRC ex p The National Federation of Self Employed and Small Businesses Ltd [1982] AC 617 (HL). Decisions since the IRC case have confirmed that a liberal approach to standing should be taken. The Human Rights Act 1998 s 7 requires that a claimant must be a “victim” of an unlawful act of a public body, a narrower test of standing. |