Public interest litigants in the Court of Session

McCorkindale, Christopher (2015) Public interest litigants in the Court of Session. Edinburgh Law Review, 19 (2). pp. 248-253. ISSN 1364-9809

[img]
Preview
Text (McCorkindale-ELR-2015-Public-interest-litigants-in-the-Court-of)
McCorkindale_ELR_2015_Public_interest_litigants_in_the_Court_of.pdf
Accepted Author Manuscript

Download (309kB)| Preview

    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.