Has the Bowsher Doctrine Solved the Debate? the Relationship Between Standing and Intervention As of Right. - Notre Dame Law Review

Has the Bowsher Doctrine Solved the Debate? the Relationship Between Standing and Intervention As of Right.

By Notre Dame Law Review

  • Release Date: 2009-03-01
  • Book Genre: Law
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Has the Bowsher Doctrine Solved the Debate? the Relationship Between Standing and Intervention As of Right. by Notre Dame Law Review

INTRODUCTION Pursuant to the Rules Enabling Act of 1934, (1) Congress delegated its rulemaking power to the Supreme Court in order to unify the procedural rules governing the federal judiciary. (2) With this delegated authority, the Supreme Court developed the Federal Rules of Civil Procedure, which "govern the procedure in all civil actions and proceedings in the United States district courts" and are "construed and administered to secure the just, speedy, and inexpensive determination of every action." (3) Thus, when regulating judicial proceedings, courts apply the Rules with an eye toward achieving these objectives. However, the goals of facilitating fair, expedient, and inexpensive judicial actions must be interpreted in light of constitutional conditions such as the "case" and "controversy" requirements of Article III (4)--for "it is axiomatic that the Federal Rules of Civil Procedure do not create or withdraw federal jurisdiction." (5)

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