In the Public Interest: Essays on Public Interest Litigation and Participatory Justice. By Mario Gomez. [Colombo: University of Colombo, Legal Aid Centre. 1993. 209 pp. ISBN 955-9211-02-1. No price given]

1994 ◽  
Vol 43 (1) ◽  
pp. 237-238
Author(s):  
Jill Cottrell
Keyword(s):  
Public Interest ◽  
Legal Aid ◽  
Public Interest Litigation ◽  
The Public

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2018 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

Public Interest Litigation

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
G. Shreyali Srivastava
Keyword(s):  
Public Interest ◽  
General Public ◽  
Law Students ◽  
Legal Services ◽  
Legal Aid ◽  
Text Book ◽  
Public Interest Litigation

This is a text-book on Public Interest Litigation. It covers Public Interest Lawyering, Legal Aid and Para Legal Services (PIL). It is very useful for LL.B / LL.M Law students/ practicing lawyers as well as general public whose right has been infringed. The book under review, is deals with the topic of Public Interest Litigation, the author has nicely elaborated meaning, origin, development, nature and constitutional provisions. The book under review has been divided into three parts – Public Interest Lawyering.

scholarly journals Environmental Public Interest Litigation in China: A Critical Examination

2021 ◽  
pp. 1-25
Author(s):  
Lei Xie ◽  
Lu Xu
Keyword(s):  
Public Interest ◽  
Environmental Governance ◽  
Noise Pollution ◽  
Environmental Issues ◽  
Critical Examination ◽  
Litigation Risk ◽  
Public Interest Litigation ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Abstract Environmental public interest litigation (EPIL) by non-governmental organizations (NGOs) emerged in China over the last decade amidst the growing focus on environmental issues and the increasing political need to bring greater public participation to the area. This article examines the current practice of EPIL by NGOs in order to understand the potential flaws and deficiencies of NGO participation in this relatively new field of environmental litigation. The article sets out by exploring EPIL as a legal pathway for the public to become involved in China's environmental governance. It then analyzes the legal provision of environmental litigation in China before critically examining several instances of EPIL initiated by NGOs between 2015 and 2019. The article finds that NGOs show weaknesses in their current EPIL practice, including in case selection and litigation risk assessment, but are willing to test and potentially expand the scope of EPIL into new areas of environmental protection such as noise pollution and renewable energy. It concludes that these weaknesses and strengths of NGO involvement in EPIL reflect the constantly evolving landscape of environmental governance and environmental litigation in China.

scholarly journals HUMAN RIGHTS, INEQUALITY AND PUBLIC INTEREST LITIGATION: A CASE STUDY ON SANITATION FROM BRAZIL

2018 ◽  
Vol 4 (5-6) ◽  
pp. 149-171
Author(s):  
Ana Paula Barcellos ◽  
Marcia Castro ◽  
Ricardo Moura
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Public Law ◽  
Regional Inequality ◽  
Public Interest Litigation ◽  
The Public ◽  
Sanitation Services ◽  
Disaggregated Data ◽  
Public Law Litigation

Disaggregated data on the relative success of the UN millennium goals made clear that the progress achieved in many countries, Brazil included, was not equitable, positioning the question “How to address inequalities?” as the next pressing challenge in human rights. Public law litigation could be regarded as a tool to reduce inequality, particularly in Brazil, given a unique institution of its legal system, the Public Prosecutors Office. This paper uses public interest litigation discussing access to sanitation services to test this hypothesis. In 2013, only 58.2% of the households had access to sanitation, with significant regional inequality in coverage. Boolean analysis was applied to assess court orders (2003-2013) and results showed a disconnect between litigation and demand for sanitation, indicating that areas that were better off in various social and economic indicators were the ones receiving attention. The paper suggests reflections on how public interest litigation could target those most in need.

scholarly journals RIGHTS, DEMOCRACY AND DEVELOPMENT: THE JUDICIAL SYSTEM’S ROLE IN DEVELOPING COUNTRIES

2015 ◽  
Vol 3 (3-4) ◽  
pp. 394-420
Author(s):  
Vivian Maria Pereira Ferreira ◽  
Natalia Langenegger
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Current Knowledge ◽  
Public Policies ◽  
Judicial System ◽  
New Paradigm ◽  
Public Interest Litigation ◽  
The Public ◽  
Cultural Rights ◽  
The World

This article seeks to discuss whether and how the judicial system has been assuming a new institutional role in the design of public policies aimed at promoting of Economical Social and Cultural Rights (ESCR) in developing countries. Considering that these rights are crucial for human and social development, the article discusses the ways in which the judicial system might interfere with the process of development.Alongside a theoretical debate, the article presents a functionalist comparative study of the public interest litigation in Brazil, India and South Africa. It focuses on how judges seek to promote ESCR as well as on the benefits and problems of their intervention in public policies created by democratic governments and legislatures.The diagnosis that judicial systems around the world play different roles from the ones recommended by the economic neoliberal mainstream shows that several different institutional arrangements are possible and that some of them might be more adequate to the reality of the developing world. Therefore, the article hopes to provide insights to rethink global governance and the current knowledge on law and political economy from a new paradigm. 

Part VI Rights—Structure and Scope, Ch.37 Public Interest Litigation

2016 ◽  
Author(s):  
Divan Shyam
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Constitutional Law ◽  
Public Interest Litigation ◽  
The Public ◽  
Locus Standi ◽  
Legal Standing ◽  
The Supreme Court ◽  
Legal Character

This chapter examines public interest litigation (PIL) and its place in Indian constitutional law. The chapter begins with an overview of PIL as an instrument for dealing with public grievances such as flagrant human rights violations by the State, or for vindicating the public policies embodied in statutes or constitutional provisions. It then discusses the evolution of PIL in India and four distinct factors that contributed to its growth. It also explores how courts efficiently deploy judicial resources and decide genuine disputes of a legal character by recognising only those persons with locus standi, or legal standing. Finally, it describes a range of procedural innovations that distinguish PIL from conventional litigation and explains how the growth of PIL affected traditional notions of justiciability. It shows how the phenomenon of PIL has shaped both the nature of rights-based claims within Indian constitutional law as well as the role of the Supreme Court within Indian democracy.

Sign in / Sign up

Export Citation Format

Share Document