Public rights
Encyclopedia
In America, public rights, as compared to private rights
, belong to citizens but are vested in and vindicated by political entities. Public rights cannot be vindicated by private citizens. 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 American Supreme Court
held that a private citizen could challenge the constitutionality
of a federal
tax
if the citizen established "a logical link between [their] status [as a taxpayer] and the type of legislative enactment attacked [and] . . . a nexus between that status and the precise nature of the constitutional infringement alleged."
Private rights
In the United States, a private right is one that a private citizen can vindicate in court. Compare public rights. There must be a private right for a citizen to have a claim...
, belong to citizens but are vested in and vindicated by political entities. Public rights cannot be vindicated by private citizens. 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
Flast v. Cohen
Flast v. Cohen, 392 U.S. 83 , was a United States Supreme Court case holding that a taxpayer has standing to sue the government to prevent an unconstitutional use of taxpayer funds....
. 392 U.S. 83 (1968). In Flast the American Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a private citizen could challenge the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of a federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
if the citizen established "a logical link between [their] status [as a taxpayer] and the type of legislative enactment attacked [and] . . . a nexus between that status and the precise nature of the constitutional infringement alleged."