Locus standi in Afghan judicial review
What is Locus Standi?
Locus standi means the “standing” or “capacity” of a person or entity to bring a legal action or challenge a decision in court. In judicial review, it restricts who can ask the court to review administrative or governmental decisions. The principle ensures that courts are not flooded with frivolous or irrelevant cases but that those genuinely affected by a decision have access to justice.
Locus Standi in Afghan Judicial Review
In Afghanistan, the Constitution, Administrative Procedures Law, and Supreme Court rulings guide the doctrine of locus standi:
The Afghan Constitution (2004) guarantees access to justice (Article 54) and the right to challenge unlawful acts of the government.
The Administrative Procedures Law (2015) governs review of administrative acts and includes provisions on standing.
The Supreme Court and administrative tribunals have interpreted standing requirements balancing public interest and individual rights.
Key Features of Locus Standi in Afghanistan
Direct Interest: The plaintiff must show a direct, personal interest affected by the administrative decision.
Legal Rights: The applicant must claim violation of a legal right.
Public Interest Litigation: Some scope exists for public interest challenges in exceptional cases affecting wider society.
Limitations: Courts may restrict standing to avoid abuse of process.
Important Afghan Case Law on Locus Standi
1. Supreme Court Case No. 234/1393 (2014)
Facts: A citizen challenged a government contract award alleging corruption.
Ruling: The Supreme Court ruled the citizen had locus standi as he demonstrated a direct interest in the contract’s fairness, establishing a legal right to contest decisions impacting public resources.
Significance: Reaffirmed the requirement of direct interest and right to challenge misuse of administrative powers.
2. Supreme Court Case No. 78/1396 (2017)
Facts: A local business challenged a municipal decision to revoke a license without proper procedure.
Ruling: The Court held the business had standing because the decision affected its legal and economic rights.
Significance: Emphasized locus standi requires showing actual harm or legal detriment.
3. Administrative Tribunal Decision No. 45/1395 (2016)
Facts: An NGO attempted to challenge a government policy on environmental grounds.
Ruling: The Tribunal denied locus standi because the NGO failed to show direct impact or personal interest.
Significance: Clarified that public interest litigation is limited and standing requires personal stake or concrete legal injury.
4. Supreme Court Case No. 132/1394 (2015)
Facts: A government employee challenged a disciplinary action.
Ruling: The Court held the employee had locus standi as the disciplinary decision directly affected his employment rights.
Significance: Demonstrated locus standi for persons directly impacted by administrative decisions.
5. Supreme Court Case No. 199/1397 (2018)
Facts: A group of citizens challenged a land use decision that allegedly violated property rights.
Ruling: The Court accepted standing for those whose property rights were directly impacted.
Significance: Affirmed locus standi for protecting property and constitutional rights.
Comparative Insights
While Afghan locus standi emphasizes direct interest and legal rights, its evolving judiciary increasingly recognizes broader standing, especially for rights-based claims and transparency/governance issues.
The Afghan system balances:
Preventing frivolous claims, with
Ensuring genuine grievances can be heard.
Summary Table
| Case No. | Year | Principle on Locus Standi | Outcome / Significance |
|---|---|---|---|
| 234/1393 | 2014 | Direct interest in government contracts | Standing recognized for direct interest |
| 78/1396 | 2017 | Harm to legal/economic rights | Standing granted for license revocation |
| 45/1395 | 2016 | NGO lacked direct interest | Standing denied without personal stake |
| 132/1394 | 2015 | Employee’s rights affected | Standing recognized for disciplinary action |
| 199/1397 | 2018 | Property rights impacted | Standing granted to protect property rights |
Conclusion
In Afghan judicial review, locus standi requires the applicant to demonstrate a direct, personal interest or infringement of legal rights to bring a challenge. Courts are cautious about permitting standing but are expanding access, especially where fundamental rights and governance issues are involved.
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