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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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Présentation de l'éditeur : "Thèse pour le doctorat en droit de l'Université Panthéon-Sorbonne (Paris I) présentée et soutenue publiquement le 28 novembre 2016. Préface d'Étienne Fatôme"
Public interest law --- Administrative law --- Finance, Public --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation
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This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The term 'public interest' can be found in a wide range of legislation and it is used extensively in judicial practice and public administration. Yet, it has received surprisingly little attention in academia. As a result, it is used for various, often contradictory purposes. Justifications for its application are rarely convincing and the concept is often confused with similar legal institutions such as state interest, societal interest and public welfare, which, however, serve quite different purposes. Further to the relevant 'public' being defined, the weight of public interest in case of conflict with other considerations will be examined and the legal consequences of its breach (e.g. nullity, damages and penalties) considered. The book's objectives are therefore manifold. First and foremost, it aims to provide a definition of the notion of public interest and to determine its main attributes, particularly against the background of the notion of private interest. In order to achieve this, the concept's philosophical underpinnings will be outlined, as will its historical developments and its application in different times and socio-economic conditions. Consequently, the book will assist in applying the concept of public interest with a clear understanding of its substance, normative function and its relationship to other relevant legal institutions. The book focuses on the concept's application across the spectrum of legal disciplines ranging from constitutional and administrative law to corporate and insolvency law, from criminal law to environmental law, and from competition law to labour law. In order to provide concrete examples of legislative and judicial practice, the book analyses three jurisdictions in particular - Austria, the Czech Republic and the European Union. This book is not only an important addition to legal scholarship but, importantly, contributes to the improvement of decision-making processes at all levels of government. It will be of interest to scholars, practicing lawyers, judges and officials in public administration alike.
Public interest law --- Public interest. --- Public interest law. --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- State, The --- Common good --- Law and legislation
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Social justice --- Social legislation --- Public interest law --- Public interest law. --- Social justice. --- Social legislation. --- Human services --- Public law --- Equality --- Justice --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation --- Law --- Constitution and Judicial System --- General and Others
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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.
Cause lawyers. --- Public interest law. --- Nation-state. --- Globalization. --- Global cities --- Globalisation --- Internationalization --- International relations --- Anti-globalization movement --- National state --- State, The --- National interest --- Self-determination, National --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Cause lawyering --- Lawyers --- Public interest law --- Law and legislation
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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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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.
Legal assistance to the poor. --- Public interest law. --- Practice of law --- Cause lawyers --- Legal services --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Public welfare --- In forma pauperis --- Public defenders --- Judicare --- Law, Poverty --- Legal representation of the poor --- Poor --- Poverty law --- Law and legislation --- Legal status, laws, etc.
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#RBIB:gift.2004 --- Actions and defenses --- Environmental law --- Public interest law --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Environment law --- Environmental control --- Environmental protection --- Environmental quality --- Environmental policy --- Law --- Sustainable development --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Law and legislation
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