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Standing (locus standi)

From Common law

Procedure and evidenceConstitutional and public law

What it means

The right to bring a case to court. A claimant must show a sufficient connection to the matter, such as a personal injury or a legal right affected.

Why it travels badly

Every system has a rule on who may start a case, but the tests differ greatly. The US requires a concrete personal injury. England asks for 'sufficient interest'. India has relaxed the rule so that public-spirited persons can bring cases for those who cannot. The civil-law 'interest to sue' is a different test again.

How other systems say it

United States

standing (Article III)

Requires an injury in fact, caused by the defendant and likely to be put right by a court decision (Lujan v Defenders of Wildlife, 1992).

England and Wales

sufficient interest

In judicial review, the claimant needs 'a sufficient interest in the matter' (Senior Courts Act 1981, s 31(3)).

India

public interest litigation

The Supreme Court has allowed people to sue on behalf of the poor or the public, so strict standing rules have been relaxed.

France

intérêt à agir (art 31 Code de procédure civile)

Anyone with a legitimate interest in the success or failure of a claim may bring it.

Germany

Klagebefugnis (§ 42(2) VwGO)

In an administrative court the claimant must claim that their own right has been violated.

Tip for translators and students

Translate 'standing' as 'the right to bring a claim', and mention the test (injury, interest, right) where it matters.

See the Legal Dictionary entry →

Related: Class action, Judicial review, Droit administratif

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.