Public interest litigants in the Court of Session

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McCorkindale, Christopher (2015) Public interest litigants in the Court of Session. Edinburgh Law Review, 19 (2). pp. 248-253. ISSN 1364-9809 (https://doi.org/10.3366/elr.2015.0276)

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Abstract

When Lords Hope and Reed reformed the law of standing in AXA General Insurance v Lord Advocate 1 they grounded that change firmly in constitutional principle. To restrict standing to those for whom a private right or interest is at stake was, in Lord Reed’s view, “incompatible with the courts’ function of preserving the rule of law,” precisely because “[a] public authority can violate the rule of law without infringing the rights of any individual.” 2 Thus, their Lordships agreed that (in public law judicial review cases at least) the time had come to consign the title and interest test to the dustbin.

ORCID iDs

McCorkindale, Christopher ORCID logoORCID: https://orcid.org/0000-0002-8285-0791;
CORE (COnnecting REpositories)