In the United States,public rights, as compared toprivate rights, belong tocitizens but are vested in and vindicated by political entities. Public rights cannot be vindicated byprivate citizens. A right must normally be a private right to be vindicated in court.

An exception to this general proposition is found inFlast v. Cohen, 392 U.S. 83 (1968). InFlast, the U.S.Supreme Court held that a private citizen could challenge theconstitutionality of afederaltax if the citizen established "a logical link between [their] status [as a taxpayer] 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.^[1] Such as a claim to tolls on a public highway,^[2] a right of ferry.^[3] Public rights may exist at common law or under statute. For example, the right ofaccess to information held by the government is existing at common law.^[4]

• 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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