Standing for the Structural Constitution
@article{Huq2013StandingFT, title={Standing for the Structural Constitution}, author={Aziz Huq}, journal={Virginia Law Review}, year={2013}, volume={99}, pages={1435} }
Who speaks in federal court for the structural principles of the federal Constitution? Under familiar practice — endorsed by the Supreme Court in its 2011 decision Bond v. United States — it is not solely the institutions empowered directly by federalism or the separation of powers but also individual litigants who can raise structural constitutional objections. Such individual standing for the structural constitution is unusual because, in effect, it enables a species of third-party standing… CONTINUE READING
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