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Courting the people : public interest litigation post-emergency India
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ISBN: 1316759083 1316759245 1316551741 1316759407 1316759644 1316759482 110714745X 9781316759646 9781316759080 9781316759240 9781316551745 9781316759400 9781316759486 9781107147454 Year: 2017 Publisher: Cambridge : Cambridge University Press,

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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.


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Cause lawyering and the state in a global era
Authors: ---
ISBN: 0199871396 1602567956 0198032374 1435618882 1280481609 9786610481606 9780199871391 9780198032373 9780195141177 Year: 2001 Publisher: Oxford ; New York : Oxford University Press,

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Cause lawyering is law as practised by the politically motivated and those devoted to moral activism. This text examines the concept in a global context, exploring ways in which it influences and is influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change.


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Lawyers and the public good : democracy in action?
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ISBN: 1139140302 1107229235 1283315254 9786613315250 1139139630 0511998368 113914541X 113914121X 1139138081 1139142100 9781139145411 9780511998362 9781139138086 9781283315258 9781107626287 1107626285 9781107012530 1107012538 9781139142106 Year: 2012 Publisher: Cambridge Cambridge University Press

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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.


Book
Global pro bono : causes, context, and contestation
Authors: --- ---
ISBN: 1108567258 1108753876 1108476155 1108758843 Year: 2022 Publisher: Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press,

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The principle and practice of pro bono, or volunteer legal services for the poor and other marginalized groups, is an increasingly important feature of justice systems around the world. Pro bono initiatives now exist in more than eighty countries - including Colombia, Portugal, Nigeria, and Singapore - and the list keeps growing. Covering the spread of pro bono across five continents, this book provides a unique data set permitting the first-ever comparative analysis of pro bono's growing role in the access to justice movement. The contributors are leading experts from around the world, whose chapters examine both the internal roots of and global influences on pro bono in transnational context. Global Pro Bono explores the dramatically expanding geographical and political reach of pro bono: documenting its essential contribution to bringing more justice to those on the margins, while underscoring its complex and contested meaning in different parts of the world.


Book
Maintenance in medieval England
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ISBN: 1108206182 1108214282 1108215637 1108216986 1107619793 1107358329 1108218334 1108223737 1107043980 1108222382 Year: 2017 Publisher: Cambridge : Cambridge University Press,

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This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.


Book
The role of lawyers in access to justice : Asian and comparative perspectives
Authors: ---
ISBN: 1009050974 1009042254 1316517454 100905077X Year: 2022 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.


Book
Whistling while they work : a good-practice guide for managing internal reporting of wrongdoing in public sector organisations
Authors: --- ---
ISBN: 1921862319 1921862300 9781921862311 9781921862304 1921862521 9781921862526 Year: 2011 Publisher: Canberra, Australia : ANU Press,


Book
Collective actions : enhancing access to justice and reconciling multilayer interests?
Authors: --- ---
ISBN: 1139411675 1107231574 1280683082 9786613660022 1139423061 1139420046 1139109383 113942209X 1139418009 1139424130 9781139422093 9781139424134 9781139109383 9781107021549 1107021545 9781139420044 9781107536258 1107536251 Year: 2012 Publisher: Cambridge ; New York : Cambridge University Press,

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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.


Book
Legal mobilization under authoritarianism : the case of post-colonial Hong Kong
Author:
ISBN: 1139611178 1107237920 1139613030 1139622331 1283943085 1139626051 1139609351 1139616757 1139424394 9781139626057 9781139424394 9781283943086 9781139616751 9781139613033 9781139613033 9781107031999 1107031990 9781139611176 9781107237926 9781139622332 9781139609357 Year: 2013 Publisher: Cambridge : Cambridge University Press,

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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.

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