Courting the People: The Rise of Public Interest Litigation in Post-Emergency India

2014 ◽  
Vol 34 (2) ◽  
pp. 314-335 ◽  
Author(s):  
A. Bhuwania
Keyword(s):  
Public Interest ◽  
Public Interest Litigation ◽  
The People

scholarly journals THE NEO-JURISPRUDENCE OF PIL IN SUPERIOR COURTS OF PAKISTAN: A COMPARATIVE ANALYSIS OF PRE AND POST LAWYERS’ MOVEMENT WORKING OF SUPERIOR COURTS

2021 ◽  
Vol 60 (1) ◽  
pp. 33-44
Author(s):  
Hatim Aziz Solangi
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Judicial Review ◽  
State Legislature ◽  
Fundamental Rights ◽  
Public Interest Litigation ◽  
Legislative Action ◽  
Proactive Approach ◽  
The People ◽  
Before And After

The dynamics of the superior judiciary in Pakistan have undergone a drastic transformation in its approach and working in post 2007 emergency followed by a landmark movement of civil and legal fraternity for restoration of constitutional supremacy. The neo-jurisprudence is being applauded and criticized at the same time.  The excessive use of Suo-motto and public interest litigation at one hand and frequent judicial review of executive and legislative action on other have been the main source of contention between judiciary and other two pillars of state, legislature and executive. The Superior Court is being recognized as the ultimate savior of fundamental rights and guardian of the constitution as well as rights of the people. At the other extreme, the criticism like activist judiciary; disrespect for popular will and making rather interpreting law are most commonly attributed to Superior Judiciary. The study is qualitative in nature and presents a comparative analysis of trends in Superior Court before and after Lawyers’ movement. The study also aims in justifying the proactive approach especially in providing social justice on failure of state organs to respond to the exigency of time.

Introduction

2018 ◽  
pp. 1-31
Author(s):  
Rohit De
Keyword(s):  
Public Interest ◽  
Political Action ◽  
Historical Imagination ◽  
Indian Constitution ◽  
Public And Private ◽  
Public Interest Litigation ◽  
Private Lives ◽  
The People ◽  
History Of

This introductory chapter provides an overview of the Indian Constitution. The Indian Constitution is the longest surviving constitution in the postcolonial world, and it continues to dominate public life in India. It did not descend upon the people; it was produced and reproduced in everyday encounters. From the earliest days of India's independence, citizens' political action influenced the court and reveals a long history of public-interest litigation driven by litigants rather than judges. However, despite the centrality of the Constitution to public and private lives in South Asia, it remains “ill served by historical imagination” and its history understudied. It is partly because Indian constitutionalism defies easy explanations. This book thus traces the process through which the Constitution emerged as the dominant field for politics, breaking new methodological ground by studying the Constitution through the daily interpretive acts of ordinary people as well as judges and state officials.

NGO standing in petroleum pollution litigation in Nigeria—Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation

2020 ◽  
Author(s):  
Miriam Chinyere Anozie ◽  
Emmanuel Onyedi Wingate
Keyword(s):  
Environmental Justice ◽  
Public Interest ◽  
Niger Delta ◽  
Oil Pollution ◽  
Petroleum Pollution ◽  
Public Interest Litigation ◽  
Environmental Ngos ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The People

Abstract Non-governmental organizations (NGOs) have been at the forefront of securing environmental justice for the people of Nigeria’s Niger Delta suffering the effects of pollution arising from petroleum exploitation. Standing constraints have, however, limited NGOs’ abilities to access the courts to prevent or remedy pollution. This article analyses the recent decision of Nigeria’s Supreme Court in Center for Oil Pollution Watch v Nigerian National Petroleum Corporation (NNPC). It finds that environmental NGOs, previously unable to institute action under existing public interest litigation procedures, can now institute action in their own rights to prevent or remedy environmental pollution in Nigeria.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

Sign in / Sign up

Export Citation Format

Share Document