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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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Abstract

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.


Dissertation
L'intérêt financier dans l'action des personnes publiques
Authors: ---
ISBN: 2247182070 Year: 2018 Publisher: Paris : Dalloz,

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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"


Book
Public interest in law
Authors: ---
ISBN: 1839701331 9781839701337 9781780689708 1780689705 Year: 2021 Publisher: Cambridge : Intersentia,

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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.


Book
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.

Cause lawyering : political commitments and professional responsibilities
Authors: ---
ISBN: 1602561869 1280453788 1423759672 0195354478 0585247781 9780585247786 9781423759676 9786610453788 6610453780 0195113195 0195113209 9780195113204 9780195113198 0195113195 9780195113198 9781602561861 9781280453786 9780195354478 0197718582 Year: 2023 Publisher: New York : Oxford University Press,

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Abstract

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.

Friends of the court : the privileging of interest group litigants in Canada
Author:
ISBN: 0791488969 0585463980 9780585463988 0791453006 9780791453001 0791452999 9780791452998 9780791488966 Year: 2002 Publisher: Albany : ©2002 State University of New York Press,

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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


Book
Lawyers and the public good : democracy in action?
Author:
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 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.

Public interest environmental litigation in India, Pakistan and Bangladesh
Author:
ISBN: 9041122141 Year: 2004 Publisher: The Hague Kluwer law international

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