The democracy conundrum
The most appealing justification of standing law is that, in preserving the
separation of powers, it protects the majoritarian political process from undue
intrusion by the unelected judiciary. But not all issues are amenable to the
political process. All too often, the inevitable consequence of a decision
denying standing is "that the most injurious and widespread Governmental actions
c[an] be questioned by nobody." n60 in those cases, standing law undermines the
notion of accountability that supports a constitutional system premised on the
rule of law. in Sections VI C and D, I propose a means of recapturing these
values.