The Guarantees in the Massachusetts Constitution Imposing a Duty on Massachusetts Courts to Grant Standing to All Persons in All Actions Including Derivative Actions by Private Parties With Respect to Charitable Organizations

This book breaks new ground in Massachusetts law by finding a Constitutional basis for the propositions that (1) the attorney general does not enjoy exclusive authority to protect the public interest in the efficient and lawful operation of charitable organizations and (2) no Massachusetts court can deny standing to bring a derivative action against a charitable organization on the ground that the legislature has failed to enact a statute authorizing such actions.

The book also examines the Massachusetts Constitution emphasis on the power of enjoying natural rights, substantive and procedural rights of the People, the essential and unalienable rights of the People, the right  to be protected by standing laws, the right to a remedy through access to open courts, the right to have life, liberty and property protected by the law, the right to an impartial interpretation of the law and administration of justice, and the right to have a judiciary independent from the executive and legislative branches of government.

The book cites the Supreme Judicial Court decisions that (1) Massachusetts courts of general jurisdiction have the inherent power to do whatever may be done to insure to the people a fair trial and the possession of that power involves its exercise as a duty, (2) judicial powers exist independently of statute, (3) judicial rules prevail over inconsistent legislative rules, and (4) Massachusetts courts must exercise their inherent powers, regardless of any statute, as necessary to secure the full and effective administration of justice.