‘Locus standi’ doctrine, an effective remedy in public law actions? : a comparative analysis

Abstract

This dissertation will mainly focus on delivering an in-depth analysis of the Locus Standi doctrine from a comparative study in Public Law actions. The central detailed hypothesis in chapter 1 will set forth the definition of Locus Standi and its indispensable procedural requirements an individual must satisfy to be a party to suit, alongside the ability to proceed with the action. The next part will address, in essence, the principles of the Rule of law because it is significant and inherent in Public actions, especially in the light when acts of ultra vires, acts for annulment, and failure to act are the claims in concern. Additionally, chapter 1 will delineate briefly the right of access and the right to be heard under article 6 of the European Convention because, if such requests are denied, no access to justice to seek a remedy will be given. The observation in chapter 2 will be the comprehensive and substantive research in foreign jurisdictions. The selective and comparative foreign jurisdictions are the England position on Standing whereby 'sufficient interest' suffice in actions, the role of Locus Standi at the European Union level. Hence, this part will bring forward two distinguishing attributes; the victim Status as envisaged by the European Convention on Human Rights followed by the pre and post-article 263 of the Treaty on the Functioning of the European Union. Subsequently, the Nigerian approach, evolution, and development will be ascribed. No Legal system share similarity; thus, a definition of Standing in each relevant procedure will be the introductory outline. Due to the Lacuna in law, the source to carry out the research is jurisprudence and case law. The last chapter’s main focal overview will primarily indicate the notions of juridical interest and Locus Standi in their general applicability and subsequently appraise, in essence, diffused interest. Secondly, the author will address the liberalized approach taken by the courts in three important recent cases based on Locus Standi in public actions. No legal system adopts 'Locus Standi' in the same way. Case law is the primary and superior source of reference to the salient points in the subject in review. The author attempts to conclude this paper by suggesting possible amendments or a typical approach in the Maltese legal system aiming to improve the procedural requisites when Locus Standi in Public Law actions is the matter in dispute for a better effective judicial system.