A Survey of Constitutional Standing in State Courts

摘要

In sum, federal constitutional standing doctrine has had a more pervasive influence than one would suspect, but not a controlling influence on the development of constitutional standing doctrine in the states. Most states distinguish between the structure of the state and federal courts, and avoid adopting federal doctrine without regard to their own precedent or circumstances. Nevertheless, development of constitutional standing requirements in federal courts undoubtedly prompted state courts to take up the issue and develop approaches following the path blazed by federal decisions. For purposes of the type of constitutional standing articulated in Lujan, the federal courts were the first mover in all but a very small minority of states.