scholarly journals Misuse Of Public Interest Litigation: A Critical Study As How It Is A Major Threat To Judiciary

2021 ◽  
Vol 6 (I) ◽  
pp. 21-26
Author(s):  
Dr. Ganesh Dubey ◽  
Niharika Vyas
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The Other ◽  
Critical Study ◽  
Public Interest Litigation ◽  
High Court ◽  
Major Threat ◽  
Locus Standi

Regardless of how much advancement PILs have brought to the Indian Judicial framework, we can't unseen the other side of the coin at any expense as PILs are being mishandled a great deal these days alongside its broad and manhandled use. They have brought different traps and downsides as well. Thusly, to keep away from such instances of maltreatment of the PILs, the high court itself set out a definite rule that will be utilized to administer the administration and removal of the PILs. Numerous PIL activists in India have been utilizing the PILs as a helpful apparatus for pestering the legal framework. Since recording PILs is a modest cycle, numerous unimportant cases are being documented with no speculation of heavy court charges which one would typically pay for common prosecution cases. Subsequently, by recording such cases, bargains are haggled to get cash for the said bothered party to get the PILs. The basic clarification for such cases is that any weapon that can be utilized to safeguard oneself can likewise be utilized to assault somebody. Utilizing a similar rationale, one can bring down the Locus Standi prerequisites which license the inspired gatherings to record PILs which could address a public interest matter.

Pandemic and PILs: A Study on the Approach of the High Courts in India

2021 ◽  
Vol 54 (1) ◽  
pp. 55-77
Author(s):  
Uday Shankar ◽  
Sourya Bandyopadhyay
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Public Interest ◽  
Regional Level ◽  
Public Interest Litigation ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
High Courts ◽  
The Supreme Court

Studies in Public interest Litigation (PIL) in India are predominantly about the Supreme Court's approach in meeting the ends of justice through indigenously evolved jurisdiction. The High Courts as important constitutional bodies are more often than not remain out of detailed discussion. As the High Courts enjoy concurrent jurisdiction with the Supreme Court with regard to PILs, this paper aims to study the pattern of invocation of the jurisdiction at the regional level. It surveys the variety of pleas and consequent action under PIL jurisdiction (or inaction, as the case may be) of different High Courts in India relating to covid crisis and consequential matters. To that end, it undertakes a survey of High Court orders or judgments from April to July, 2020. It seeks to lay bare the extent of demands that are made before the Courts through PIL. What kinds of action were expected from the High Courts during the pandemic? How did different Courts respond to such pleas? Were the directions and level of response homogenous or varied? The paper pursues these questions, and describes the pandemic though the lens of PIL in Indian High Courts. It goes on to argue that the High Courts in India need to take greater cognizance of their orders inter-se especially in PIL matters, as human rights protection through PIL cannot have contradictory voices.

scholarly journals The Justiciability of Socio-Economic Rights in Botswana

2013 ◽  
Vol 57 (1) ◽  
pp. 108-125 ◽  
Author(s):  
Bonolo Ramadi Dinokopila
Keyword(s):  
Public Interest ◽  
State Policy ◽  
Legal Framework ◽  
Economic Rights ◽  
Public Interest Litigation ◽  
Judicial Remedies

AbstractThe judicial enforcement of socio-economic rights remains a challenge in many countries. This is generally attributable to the inadequacy of a particular country's legal framework, in particular its constitutional framework. Given the importance of judicial remedies in litigation, in particular public interest litigation, this article considers possibilities for the judicial enforcement of socio-economic rights in Botswana. It discusses the institutional, legal and constitutional framework for the promotion, protection and fulfilment of socio-economic rights in the country. It also tackles the issue of whether the judicial enforcement of socio-economic rights is easily achievable when those rights are not constitutionally entrenched. The article also considers whether the absence of directive principles of state policy within Botswana's Constitution is a hindrance to the judicial enforcement of socio-economic rights in Botswana. Within that context, it highlights the possible means of judicial enforcement of socio-economic rights in Botswana.

Tending Towards Greater Eco-Protection in Kenya: Public Interest Environmental Litigation and Its Prospects Within the New Constitutional Order

2013 ◽  
Vol 57 (1) ◽  
pp. 29-56
Author(s):  
Brian Sang
Keyword(s):  
Public Interest ◽  
Common Law ◽  
Legal Framework ◽  
Public Enforcement ◽  
Constitutional Order ◽  
Healthy Environment ◽  
The Past ◽  
Locus Standi ◽  
Judicial Proceedings ◽  
The Right

AbstractKenya's 2010 Constitution has inaugurated into the Kenyan legal framework, among other things, express constitutional recognition of the right to a clean and healthy environment. The constitutionalization of this right and the establishment of liberal provisions for the institution of judicial proceedings in the event of its infraction bear significant implications for public enforcement of environmental rights in Kenya. Hitherto, this was based on the restrictive interpretation of locus standi premised on the principles of common law. This article focuses primarily on public interest environmental litigation in Kenya. It analyses judicial treatment of public interest action for environmental claims in the past and proffers some insights on the prospects for such action under Kenya's new constitutional order. It argues that, with the provision of an explicit and permissive constitutional basis for public interest environmental litigation, it is reasonable to conclude that Kenya is tending towards greater eco-protection.

scholarly journals Standing to litigate in the public interest in Lesotho: The case for a liberal approach

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Hoolo 'Nyane ◽  
Tekane Maqakachane
Keyword(s):  
Public Interest ◽  
Public Law ◽  
The Other ◽  
Private Law ◽  
Bill Of Rights ◽  
Constitutional Democracy ◽  
The Public ◽  
Locus Standi ◽  
Liberal Approach

In Lesotho, standing to litigate is still based on the private law doctrine of locus standi in judicio. This doctrine requires the person who institutes an action in a court of law, regardless of whether it is in the private or public interest, to satisfy the court that he or she is directly and substantially interested in the outcome of the decision. Section 22(1) of the Constitution of Lesotho provides that any person who alleges that the Bill of Rights in the Constitution has been violated 'in relation to him' may approach the court of law for redress. Although the Constitution is silent about the enforcement of the other non-Bill of Rights parts of the Constitution, the courts have readily invoked section 22(1) to exclude litigants who are not 'directly and substantially' interested in the outcome of the case. This restrictive approach notwithstanding, a more liberal approach has been adopted in pockets of public law decisions of the superior courts in Lesotho. The purpose of this article is to amplify this liberal approach. The article argues that constitutional democracy in Lesotho will benefit from a liberal approach as opposed to a restrictive approach to standing. This is supported by a discernible movement in modern-day public law towards a more liberal approach to standing.

Public Interest Litigation in Environmental Matters: A German Perspective

elni Review ◽  
2007 ◽  
pp. 13-19
Author(s):  
Dora Schaffrin ◽  
Michael Mehling
Keyword(s):  
Public Goods ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Legal Framework ◽  
Public Interest Litigation ◽  
Important Means ◽  
Shed Light ◽  
Critical Aspects

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.

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.

scholarly journals DEATH OF LOCUS STANDI AND THE REBIRTH OF PUBLIC INTEREST LITIGATION IN THE ENFORCEMENT OF HUMAN RIGHTS IN NIGERIA: FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 IN FOCUS

2015 ◽  
Vol 23 (1) ◽  
Author(s):  
Raheem Kolawole Salman ◽  
F.J Oniekoro
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Fundamental Rights ◽  
Critical Examination ◽  
Public Interest Litigation ◽  
Human Rights Abuses ◽  
X Ray ◽  
The Past ◽  
Locus Standi ◽  
Phase Out

One of the various mechanisms put in place in order to address human rights abuses in Nigeria is the Fundamental Rights (Enforcement Procedure) Rules 1979. However, the Rules were punctuated with different challenges and defects ranging from the problems of locus standi to unacceptability of public interest litigation. In an attempt to address this problem, the Fundamental Rights (Enforcement Procedure) Rules 2009 was enacted. This article engages in a critical assessment of the 2009 Rules with a view to ascertaining the extent to which the Rules have come to cure the 1979 Rules. The article begins with a critical examination of defects inherent in the 1979 Rules. It goes further to x-ray the developments brought by the 2009 Rules. The article posits that the 2009 Rules have come as a leverage to problems which have, in the past, denied many litigants the opportunity to enforce their rights and claim compensation. It concludes that if properly implemented, the 2009 Rules will phase out the identified defects and strengthen public interest litigation in the areas of human rights enforcement.

scholarly journals Zaštita javnoga interesa u raspolaganju javnim dobrom u općoj uporabi

2017 ◽  
Vol 38 (1) ◽  
pp. 275-299
Author(s):  
Aleksandra Popovski
Keyword(s):  
Public Good ◽  
Public Interest ◽  
Legal Framework ◽  
Public Law ◽  
The Other ◽  
Legal Basis ◽  
Positive Regulation ◽  
The Public ◽  
The Subject ◽  
Administrative Act

The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.

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