Section 4
A. Standing
Every Person has standing to bring a claim before the courts of the United States alleging a violation of their Rights under this Charter, a breach of a constitutional obligation, or a failure to perform a Civic Duty (see Article IV, Section 7.A.3), provided that the claim presents a real or imminent harm traceable to a specific act, omission, or policy of the Government or its agents.
This Section shall be interpreted in light of the following principles:
A harm is real if it has already occurred or is ongoing.
A harm is imminent if
The challenged conduct is authorized, planned, or reasonably foreseeable under existing law, policy, or practice, and
The claimant is likely to be affected in the absence of judicial relief. “Likely,” in this context, means a harm that could affect the claimant if applied to them; it does not mean that must be a high probability of it being applied to them.
A harm is not rendered speculative solely because it is shared by many Persons, systemic in nature, or affecting the public at large.
Courts retain discretion to consolidate, limit, or manage duplicative or overlapping claims, provided such case management does not deny meaningful access to judicial review.
A.1. Personal Standing
A Person has personal standing when they:
Are directly and individually affected by the challenged action or policy;
Face a substantial risk of being affected if the action continues; and
Seek relief that would redress or mitigate the harm.
A.2. Injunctive or Declaratory Relief
For claims seeking only injunctive or declaratory relief, a credible and demonstrable risk of future harm is sufficient to establish standing (see also Article IV, Section 2.B.2 for original jurisdiction of District Courts and Section 6.D.3 for enforcement by the Judicial Enforcement Service). Plaintiffs need not prove economic loss or past injury if the threat to their Rights is real and non-trivial.
A.3. Civic Standing
Any Citizen may bring a claim in the public interest when:
The claim alleges a violation of a constitutional obligation, a Charter-mandated transparency or process requirement, or a failure to uphold a defined Civic or Official Duty;
The alleged failure affects the Citizen in their capacity as a co-sovereign;
No adequate alternative remedy exists: and
The relief sought is within the court’s power to grant.
The widespread or collective nature of the harm does not preclude standing. However, the Citizen must also demonstrate a material risk to the integrity of self-government, the operation of constitutional institutions, or the effective exercise of Civic powers.
a. Mandatory Preliminary Review
Any claim brought under Civic Standing shall receive a preliminary review by the court within ten (10) days of filing. The reviewing judge shall issue a ruling determining whether the claim may proceed based on the requirements of this Section. This ruling shall be public and subject to appeal only on procedural grounds.
b. Penalty for Abuse
Suppose any Person or Institution brings two or more claims under Civic Standing that are dismissed during preliminary review within any two years. In that case, that Person or Institution shall be subject to a mandatory civil penalty equal to one-half of their income (if a Person) or revenue (if an Institution).
A panel of three independent auditors shall determine average wealth utilizing Generally Accepted Accounting Practices (GAAP).
Different stakeholders appoint the panel’s three members:
One appointed by the court;
One appointed by the claimant; and
One appointed by the respondent. If the respondent is a government body, the third auditor shall be appointed by the Director of the Congressional Budget Office.
Penalties under this provision are enforceable as final civil judgments. They shall not be considered excessive, having been expressly defined and authorized within this Charter as necessary to safeguard the integrity of public-interest litigation.
A.4. Institutional Standing
An organization has standing to bring a claim on behalf of its members if:
At least one member has standing under this Section;
The claim is germane to the organization’s mission and purpose; and
The relief requested does not require individual participation of members beyond what is necessary to establish the claim.
A.5. Defensive Standing
No Person or institution may defend the constitutionality of a law unless they are directly responsible for its enforcement or subject to its application, or serve as counsel for them.
A.6. Jurisdictional Case Bundling
Courts may consolidate, manage, or otherwise limit overlapping actions to prevent duplication, delay, or strategic abuse, provided that meaningful judicial review is preserved.
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