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Based on empirical research, this book shows how public interest litigation (PIL) grants the appellate courts enormous flexibility in procedure, allowing them to manoeuvre themselves into positions of overweening authority. While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.
Public interest law --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation --- India --- Politics and government
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The essays in this text represent a cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. The essays explore the relationship between cause lawyering and the organized legal professions of many countries.
Cause lawyers. --- Law --- Sociological jurisprudence. --- Public interest law. --- Practice of law. --- Law practice --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Law and politics --- Cause lawyering --- Lawyers --- Public interest law --- Political aspects. --- Practice --- Law and legislation
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"In this book-length study of interest group litigation in Canada, Friends of the Court traces the Canadian Supreme Court's ever-changing relationship with interest groups since the 1970s. After explaining how the Court was pressured to welcome more interest groups in the late 1980s, Brodie introduces a new theory of political status describing how the Court privileges certain groups over others. By uncovering the role of the state in encouraging and facilitating litigation, this book challenges the idea that interest group litigation in Canada is a grassroots phenomenon."--Jacket
Public interest law --- Citizen suits (Civil procedure) --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Citizen lawsuits --- Citizens' actions --- Private attorney general --- Public interest actions --- Public interest litigation --- Actions and defenses --- Class actions (Civil procedure) --- Popular actions --- Law and legislation
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For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.
Practice of law. --- Legal ethics. --- Ethics, Legal --- Lawyers --- Professional ethics --- Prosecutorial misconduct --- Law --- Law practice --- Practice --- Public interest law --- Judges --- Justice, Administration of --- Democracy --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation --- General and Others --- Sociology of law --- Law of civil procedure --- United Kingdom
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Government - General --- Law, Politics & Government --- Political Institutions & Public Administration - General --- Public administration. --- Whistle blowing. --- Disclosure of information. --- Public interest law. --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Information, Disclosure of --- Blowing the whistle --- Whistleblowing --- Administration, Public --- Delivery of government services --- Government services, Delivery of --- Public management --- Public sector management --- Law and legislation --- Practice of law --- Cause lawyers --- Legal services --- Truthfulness and falsehood --- Leaks (Disclosure of information) --- Political science --- Administrative law --- Decentralization in government --- Local government --- Public officers --- Whistle blowing --- Public interest law --- Employees. --- Management. --- Law and legislation.
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Focusing on writings of legal theory by leading jurisprudents from al-Jassas (d. 370/980) to al-Shatibi (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maslaha (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on maslaha's epistemology, its role in the law-finding process, the limits of human investigation into divine commands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maslaha a viable vehicle of legal change up to the present. --Book Jacket.
Istiṣlāḥ (Islamic law) --- Common good --- Public interest law --- Islamic law --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Good, Common --- Public good --- Political science --- Consensus (Social sciences) --- Justice --- Maṣāliḥ al-mursalah (Islamic law) --- Maṣlaḥah (Islamic law) --- Public interest (Islamic law) --- Qiyās (Islamic law) --- History. --- Interpretation and construction --- Law and legislation --- 297.15 --- 297.15 Islam: ethiek; religieuze wetten --- Islam: ethiek; religieuze wetten --- History --- Interpretation and construction&delete& --- Istiṣlāḥ (Islamic law). --- Istiṣlāḥ (Islamic law).
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This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.
Class actions (Civil procedure) --- Due process of law. --- Justice, Administration of. --- Public interest law. --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Administration of justice --- Justice, Administration of --- Law --- Courts --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Law and legislation --- General and Others
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Legal mobilization is the process by which individuals invoke their legal rights and use litigation to defend or develop these rights against the government. In recent years, increasing attention has been paid to this phenomenon as it occurs under authoritarian regimes. It is often suggested that, in such situations, legal mobilization is caused by the strategic interests of the ruling elites. Using the case study of post-colonial Hong Kong, where legal mobilization has by no means unfolded as political authorities would wish, Waikeung Tam casts doubt on this contention. To do so, he examines in depth why and how legal mobilization arises under authoritarianism. Tam analyses quantitative data of changes in the Hong Kong judiciary agendas over the last three decades and uses detailed interviews with activists, politicians, cause lawyers, judges and government officials to reveal the complex underlying socio-political forces at play.
Law reform --- Law --- Public interest law --- Political questions and judicial power --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Legal reform --- Political aspects --- Law and legislation --- Hong Kong (China) --- Politics and government --- General and Others
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"This collection of rich, empirically grounded case studies investigates the conditions and consequences of 'juridification' - the use of law by ordinary individuals as a form of protest against 'the state'. Starting from the actual practices of claimants, these case studies address the translation and interpretation of legal norms into local concepts, actions and practices in a way that highlights the social and cultural dynamism and multivocality of communities in their interaction with the law and legal norms. The contributors to this volume challenge the image of homogeneous and primordially norm-bound cultures that has been (unintentionally) perpetuated by some of the more prevalent treatments of law and culture. This volume highlights the heterogeneous geography of law and the ways boundaries between different legal bodies are transcended in struggles for rights. Contributions include case studies from South Africa, Malawi, Sierra Leone, Turkey, India, Papua New Guinea, Suriname, the Marshall Islands and Russia"--
Public interest law --- Ethnological jurisprudence --- Law and economic development. --- Government litigation --- Law --- Indigenous peoples --- Aboriginal peoples --- Aborigines --- Adivasis --- Indigenous populations --- Native peoples --- Native races --- Ethnology --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Litigation, Government --- Court proceedings --- Procedure (Law) --- Economic development and law --- Law and development --- Economic development --- Jurisprudence, Ethnological --- Comparative law --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Political aspects --- Legal status, laws, etc. --- Law and legislation --- Intérêt général --- Anthropologie juridique --- Développement économique --- Droit et politique --- Autochtones --- Droit --- Droit. --- Statut juridique --- Law and economic development --- General and Others --- Public interest law - Developing countries --- Ethnological jurisprudence - Developing countries --- Government litigation - Developing countries --- Law - Political aspects - Developing countries --- Indigenous peoples - Legal status, laws, etc. - Developing countries --- Afrique du Sud --- Malawi --- Sierra Leone --- Turquie --- Inde --- Papouasie-Nouvelle Guinée --- Suriname --- Marshall, Iles --- Russie
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Public interest law --- Government attorneys --- Government attorneys. --- Public interest law. --- United States. --- Law --- General and Others --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Government lawyers --- Law and legislation --- Legal status, laws, etc. --- ABŞ --- ABSh --- Ameerika Ühendriigid --- America --- Amerika Birlăshmish Shtatlary --- Amerika Birlăşmi Ştatları --- Amerika Birlăşmiş Ştatları --- Amerika ka Kelenyalen Jamanaw --- Amerika Qūrama Shtattary --- Amerika Qŭshma Shtatlari --- Amerika Qushma Shtattary --- Amerika --- Amerikai Egyesült Államok --- Amerikanʹ Veĭtʹsėndi︠a︡vks Shtattnė --- Amerikări Pĕrleshu̇llĕ Shtatsem --- Amerikas Forenede Stater --- Amerikayi Miatsʻyal Nahangner --- Ameriketako Estatu Batuak --- Amirika Carékat --- AQSh --- Ar. ha-B. --- Arhab --- Artsot ha-Berit --- Artzois Ha'bris --- Bí-kok --- Ē.P.A. --- EE.UU. --- Egyesült Államok --- ĒPA --- Estados Unidos --- Estados Unidos da América do Norte --- Estados Unidos de América --- Estaos Xuníos --- Estaos Xuníos d'América --- Estatos Unitos --- Estatos Unitos d'America --- Estats Units d'Amèrica --- Ètats-Unis d'Amèrica --- États-Unis d'Amérique --- Fareyniḳṭe Shṭaṭn --- Feriene Steaten --- Feriene Steaten fan Amearika --- Forente stater --- FS --- Hēnomenai Politeiai Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- Hiwsisayin Amerikayi Miatsʻeal Tērutʻiwnkʻ --- Istadus Unidus --- Jungtinės Amerikos valstybės --- Mei guo --- Mei-kuo --- Meiguo --- Mî-koet --- Miatsʻyal Nahangner --- Miguk --- Na Stàitean Aonaichte --- NSA --- S.U.A. --- SAD --- Saharat ʻAmērikā --- SASht --- Severo-Amerikanskie Shtaty --- Severo-Amerikanskie Soedinennye Shtaty --- Si︠e︡vero-Amerikanskīe Soedinennye Shtaty --- Sjedinjene Američke Države --- Soedinennye Shtaty Ameriki --- Soedinennye Shtaty Severnoĭ Ameriki --- Soedinennye Shtaty Si︠e︡vernoĭ Ameriki --- Spojené staty americké --- SShA --- Stadoù-Unanet Amerika --- Stáit Aontaithe Mheiriceá --- Stany Zjednoczone --- Stati Uniti --- Stati Uniti d'America --- Stâts Unîts --- Stâts Unîts di Americhe --- Steatyn Unnaneysit --- Steatyn Unnaneysit America --- SUA --- Sŭedineni amerikanski shtati --- Sŭedinenite shtati --- Tetã peteĩ reko Amérikagua --- U.S. --- U.S.A. --- United States of America --- Unol Daleithiau --- Unol Daleithiau America --- Unuiĝintaj Ŝtatoj de Ameriko --- US --- USA --- Usono --- Vaeinigte Staatn --- Vaeinigte Staatn vo Amerika --- Vereinigte Staaten --- Vereinigte Staaten von Amerika --- Verenigde State van Amerika --- Verenigde Staten --- VS --- VSA --- Wááshindoon Bikéyah Ałhidadiidzooígíí --- Wilāyāt al-Muttaḥidah --- Wilāyāt al-Muttaḥidah al-Amirīkīyah --- Wilāyāt al-Muttaḥidah al-Amrīkīyah --- Yhdysvallat --- Yunaeted Stet --- Yunaeted Stet blong Amerika --- ZDA --- Združene države Amerike --- Zʹi︠e︡dnani Derz︠h︡avy Ameryky --- Zjadnośone staty Ameriki --- Zluchanyi︠a︡ Shtaty Ameryki --- Zlucheni Derz︠h︡avy --- ZSA --- Practice of law --- Cause lawyers --- Legal services --- Lawyers --- Professional employees in government --- AB --- America (Republic) --- Amerika (Republic) --- Amerikanʹ Veĭtʹsėndi͡avks Shtattn --- Saharat ʻAmērik --- Si͡evero-Amerikanskīe Soedinennye Shtaty --- Soedinennye Shtaty Si͡evernoĭ Ameriki --- Spojené staty americk --- Stáit Aontaithe Mheirice --- Wááshindoon Bikéyah Ałhidadiidzooígí --- Zʹi͡ednani Derz͡havy Ameryky --- Zluchanyi͡a Shtaty Ameryki --- Zlucheni Derz͡havy --- Spojené obce severoamerick --- Amerikanʹ Veĭtʹsėndi͡avks Shtattnė --- É.-U. --- ÉU --- Spojené obce severoamerické --- United States
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