Law 2101 Lecture Notes - Justiciability, Civil Liberties, American Civil Liberties Union
13 Mar 2014
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Persons charged with violating the law are free to contest the constitutionality of. But charter litigation may also be brought by those opposed to legislation even if it does not affect them; someone who wants to challenge, usually not someone formally charged. Party refers to the two sides of a case. Party bringing case (the plaintiff or applicant): person bringing the case. Party replying to case (the defendant or respondent) the government whose legislations or actions are impugned. Traditionally standing was required to bring suit: you had to be connected to the case in some way, directly affected. Supreme court relaxes standing requirements to allow more charter challenges. Does applicant have a real stake in proceedings or is engaged in the issues the case raises. Is proposed litigation reasonable and effective means of bringing case to court in the circumstances. Expensive; the plaintiff has to pay for everything with their own money.
