The Locus Standi Dilemma

This essay reviews the rule on pursuer’s locus standi in action against public bodies. Traditionally, the principle has been that an aggrieved party may bring an action via the Attorney General. The absolute standing of the latter has been broadened in the early 20thcentury, hence exposing public administrators to direct public scrutiny. Courts’ attitude toward this development has been mixed, causing uncertainty in law. The question is, having regard to such ambiguity, is it time to overrule the common law? This essay offers an opinion to this question. The essay adopts a descriptive approach in discussing case laws and law reform relating to the issue under consideration. The paper reveals a series of events where courts have adopted a case-by-case approach, hence inconsistent, in deciding whether to allow or deny an application. Result has been a double-edge sword that both undermines and upholds public policy in separate circumstances. The essay contributes to reinforce understanding in the conflict between administrative powers and judicial attitude; and current state of law concerning individual’s right to be remedied. Although backdropped against the UK legislation, discussion in this essay is also a relevant reference to commonwealth countries that apply the common law system.