Congress may not confer jurisdiction on Federal Courts to render advisory opinions, to entertain
friendly suits or to resolve political questions, because suits of that character are inconsistent with
judicial function under the Constitution, but where dispute is otherwise justiciable, question
whether litigant is proper party to request an adjudication of particular issue is one within power
of Congress to determine. U.S.C.A.Const.art.3 & 1 et seq.
- Administrative Law and Procedure-668
“Injury in fact” test for standing to sue under Administrative Procedure Act requires more than
injury to cognizable interest and requires that party seeking review be himself among the injured.
5.U.S.C.A. & 702.
- Administrative Law and Procedure-668
Fact of economic injury is what gives a person standing to seek judicial review under a statute
authorizing review of federal agency action, but once review is properly invoked, that person may
argue the public interest in support of his claim that agency has failed to comply with its statutory
mandate.
- Administrative Law and Procedure-665
Organization may represent its injured members in proceeding for judicial review.
- Administrative Law and Procedure-668
Organization’s mere interest in a problem, no matter how long standing the interest and no matter
how qualified the organization is in evaluating the problem, is not sufficient by itself to render the
organization “adversely affected” or “aggrieved” with Administrative Procedure Act providing
judicial review for person who suffers legal wrong because of agency action, or who is adversely
affected or aggrieved by agency action. 5 U.S.C.A. & 702. See publication Words and Phrases for
other judicial constructions and definitions.
- Administrative Law and Procedure-668
Requirement that party seeking judicial review of administrative agency’s action must allege facts
showing that he himself adversely affected does not insulate executive action from judicial
review, nor does it prevent any public interests from being protected through judicial process, but
serves as a rough attempt to put decision as to whether review will be sought in the hands of those
who have a direct stake in the outcome. 5 U.S.C.A. & 702.
- Administrative Law and Procedure-668
Organizations or individuals are not entitled to vindicate their own value preferences through
judicial process.
- Administrative Law and Procedure-668
Declaratory Judgement-292
In absence of allegation that membership corporation or its members would be affected in any of
their activities or pastimes by proposed ski resort and recreation area in national game and refuge