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Topic 9-Obstacles to Constitutional Challenge
Locus Standi…
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Apprehended Injury
One need not wait for actual breach of rights to occur
-East Donegal Co-Op Ltd
Facts; Challenge to Livestock Marks Act 1967
- Case failed on merits but both HC and SC agreed that one does not need to wait for a breach of rights to occur
- Rights are intended to be 'protected' and this involved preventative action as well as redress
Criminal Context- do not have to wait and see if they are convicted in order to raise constitutional issues
Osmanovic v DPP Challenge brought pending trial, did have LS, not prematureDoughlas v DPP:
Facts: D alleged to have been massaging his penis in public place
- Challenged s18 Criminal Law (Amendment) Act 1935- 'offend modesty or cause scanadal or injure the morals of the community
Held: mere act of being charged does give standing
- Could not challenge 'ffending modesty' as only charged with other two
- Statute too vague