Public rights

 ( Law Of The United States ) 

In the United States, public rights, as compared to private rights, belong to but are vested in and vindicated by political entities. Public rights cannot be vindicated by . 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 held that a private citizen could challenge the constitutionality of a federal tax if the citizen established "a logical link between their status as and the type of legislative enactment attacked and . . . 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, Brett v Brales 1830 EngR 359 WordLII a right of ferry. Pim v Curell 1840 EngR 174 WordLII Public rights may exist at common law or under statute. For example, the right of access to information held by the government is existing at common law. Luck v Independent Broad-based Anti- Corruption Commission 2013 VCAT 1805 LexisNexis

• 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

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