In the United States, public rights, as compared to

private rights In the United States, a private right is one that a private citizen can vindicate in court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration ...

, belong to

citizen Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality ...

s but are vested in and vindicated by political entities. Public rights cannot be vindicated by

private citizen A private citizen is a citizen who does not have an official or professional A professional is a member of a profession or any person who work (human activity), works in a specified professional activity. The term also describes the standards ...

s. A right must normally be a private right to be vindicated in court. An exception to this general proposition is found in '' Flast v. Cohen'', 392 U.S. 83 (1968). In ''Flast'', the U.S.

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

held that a private citizen could challenge the

constitutionality In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...

of a federal

tax A tax is a mandatory financial charge or levy imposed on an individual or legal entity by a governmental organization to support government spending and public expenditures collectively or to regulate and reduce negative externalities. Tax co ...

if the citizen established "a logical link between

heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

status s a taxpayerand the type of legislative enactment attacked nd. . . a nexus between that status and the precise nature of the constitutional infringement alleged." In Australia, public rights is an entitlement enjoyed by the community, in contrast to a private or personal entitlement. Such as a claim to tolls on a public highway, a right of ferry. Public rights may exist at common law or under statute. For example, the right of

access to information Access may refer to: Companies and organizations * ACCESS (Australia), an Australian youth network * Access (credit card), a former credit card in the United Kingdom * Access Co., a Japanese software company * Access International Advisors, a h ...

held by the government is existing at common law.''Luck v Independent Broad-based Anti- Corruption Commission''

013 013 is a music venue in Tilburg, the Netherlands. The venue opened in 1998 and replaced the ''Noorderligt'', the ''Bat Cave'' and the ''MuziekKantenWinkel''. 013 is the largest popular music venue in the southern Netherlands. There are two concer ...

VCAT 180
LexisNexis
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References

*Pushaw, ''Justiciability and Separation of Powers: A Neo-Federalist Approach'', 81 Cornell L.Rev. 394, 458-63 (1996) *''Flast v. Cohen'', 392 U.S. 83 (1968) *"Note on Standing to Sue" in Hart and Weschler's the Federal Courts and the Federal Court System, 5th ed. (2003) p. 126 Law of the United States

Rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

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