Judicial Activism and Public Interest Litigation
In: Columbia journal of transnational law, Band 23, Heft 3, S. 561
ISSN: 0010-1931
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In: Columbia journal of transnational law, Band 23, Heft 3, S. 561
ISSN: 0010-1931
SSRN
Working paper
In: Schriftenreihe des Vereinigten Instituts für Europäisches Wirtschafts- und Verbraucherrecht e.V. 2
In: Common Law World Review, Band 37, S. 257-276
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Working paper
In: 43 Chinese L. & Gov't, Alex Wang & Jie Gao eds., No. 6, November-December 2010
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In: Alternative Law Journal, Band Vol.38, Heft No.4
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Environmental Public Interest Litigation (EPIL) by non-governmental organizations (NGOs) emerged in China within 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 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. This 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.
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Working paper
In the American struggle for social justice, public interest litigation has played an indisputably important role. Yet over the past three decades, critics from both the left and right have challenged its capacity to secure systemic change. The critiques have varied, but have centered on two basic claims. The first is that litigation cannot itself reform social institutions. The second related concern is that over-reliance on courts diverts effort from potentially more productive political strategies and disempowers the groups that lawyers are seeking to assist. The result is too much law and too little justice. These critiques, although powerful in their analysis of the limits of litigation, have generally failed to adequately acknowledge its contributions and the complex ways in which legal proceedings can support political mobilization. This Article seeks to move beyond these critiques by situating the debate over public interest litigation in a richer theoretical and empirical context. In essence, our argument is that such litigation is an imperfect but indispensable strategy of social change. Our challenge is to increase its effectiveness through better understanding of its capacities and constraints. To that end, we draw on two bodies of work: research on law and social change, and research on social philanthropy. The first literature offers a detailed empirical and theoretical picture of how lawyers mobilize law to change institutional rules and redistribute power. In its empirical dimension, this research explores the ideals and practices of public interest lawyers and how their strategies are informed by where they work—non-profit public interest organizations, large firm pro bono programs, plaintiff-side law firms, and law school clinics. In its theoretical dimension, this literature draws on the sociology of law and social movements to explore the interplay between legal proceedings and political mobilization. A second body of work, which focuses on strategic philanthropy, holds important insights for how public interest organizations and pro bono programs can most effectively direct their social reform efforts. We draw a number of lessons from this research. The first is that litigation, although a necessary strategy of social change, is never sufficient; it cannot effectively work in isolation from other mobilization efforts. Second, money matters: how public interest law is financed affects the kinds of cases that can be pursued and their likely social impact. A deeper understanding of financial constraints and opportunities in different practice contexts is therefore critical to effective reform. A third key insight is the importance of systematic evaluation. Only through more reflective assessments of the impact of litigation can we realize its full potential in pursuit of social justice.
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In: The annals of the American Academy of Political and Social Science, Band 425, Heft 1, S. 114-123
ISSN: 1552-3349
More than any other individual or group actor, Common Cause shaped current law regulating election finances. It managed to do so by developing and carrying out a craftsmanlike strategy which blended litigative, legisla tive, and publicist tactics into a coherent and mutually advantageous whole. Without litigation, the need for new laws might well not have become obvious. Without legisla tion, the court suits could have left campaign finance reform unconsummated. Together, they constituted an im pressive example of a citizen lobby operating resourcefully and productively to benefit the public interest.
In: Environment and development economics, Band 16, Heft 2, S. 199-219
ISSN: 1469-4395
ABSTRACTEnvironmental regulation in the developing countries is undermined by weak enforcement. Lack of information and public awareness are fundamental factors that render informal regulation by civil society ineffective. In India, a number of environmental problems have been addressed using the institution of public interest litigation (PIL) by 'public-spirited' citizens. This paper examines the economic advantage of PIL over other conventional legal forms. An important outcome of judicial interventions of this kind in environmental cases in India is aspillover effect, which generates public information via media coverage. Using a case study, we test whether the judicial directives that followed a PIL filed and the subsequent spillover effect of media publicity were effective in getting the state to enforce the standards. This is done using autoregressive distributed lag models and univariate structural break analysis. The results show that judicial intervention and public information were effective in controlling pollution.
Blog: Verfassungsblog
The judicialisation of Israel's war in Gaza has taken a significant turn, with Nicaragua boldly entering the scene and executing two distinct actions. This post contributes to understanding Nicaragua's two moves before the ICJ by analysing three dimensions. First, the country's rich relationship with the Court. Second, the prioritisation of political impact and visibility over adjudicative success. Finally, the normative assessments concerning Nicaragua's moral standing and intentions.