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ID:
104570
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| 2 |
ID:
190670
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| Summary/Abstract |
Against the wider backdrop of a global acceleration of Right of Nature (RoN) legal provisions, this article focuses on recent Indian court cases that created legal personhood for the Ganges and Yamuna rivers, to explore why and how this form of legality was created. Based on anthropological fieldwork, the article then critiques contemporary assertions that simply present the Indian judgments as infiltrations of Hindu cosmology into the legal framework, basically ‘saffronisation’ of Indian environmentalism. Deeper analysis reveals the need for interdisciplinary, historically grounded study of processes of law-making and pertinent court rulings produced in Indian environmental jurisprudence.
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| 3 |
ID:
190407
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| Summary/Abstract |
Scholars consider deficient local accountability mechanisms a key shortcoming of China's response to environmental issues. Through empirical analysis of the new procurator-led public interest litigation (PIL) system, this study examines whether – and to what extent – this shortcoming can be remedied by empowering the juridical institutions. It concludes that thanks to the procuratorates’ political insider status, relative autonomy from local politics and extensive resources, procurators have generally found ways to maintain a delicate balance between holding executive agencies environmentally accountable and managing local governments’ resistance to the PIL system. However, reliance on top-down political support may ultimately hinder the expansion and stability of the procuratorial PIL system.
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| 4 |
ID:
163118
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| Summary/Abstract |
Public interest litigation has been considered a major legal breakthrough in China in promoting environmental law enforcement and the court-centred environmental movement. This article, however, reveals a huge gap between expectation and reality. Old legal and political obstacles against access to justice to protect individual rights also have a negative impact on the effectiveness of public interest litigation in practice. The design of the procedure is also problematic. Targeting polluters directly, civil public interest litigation diverts public attention from government accountability. The courts and procuratorates are overburdened with responsibilities that should be taken by administrative authorities. NGOs are not allowed to bring public interest litigation against administrative authorities and unnecessarily stringent standing requirements further restrict opportunities for NGOs to sue. Seeking monetary compensation through this procedure is an unstable and unpredictable approach to secure environmental restoration expenses. On the whole, this procedure has created more problems than it has solved.
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| 5 |
ID:
078519
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| Publication |
2006.
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| Summary/Abstract |
By analysing public interest litigation (PIL) jurisprudence, this article examines Bangladeshi judicial activism in dispensing justice through the promotion and protection of the 'public interest' and imperatives of constitutionalism. Originally linked with the idea of having an accessible judicial system for the wider community, PIL in Bangladesh previously focused primarily on 'the weak', as well as on pure rights. However, while PIL has recently extended its stake to a broader set of constitutional issues, it has not delivered on its promises. It is said that the elitist use of PIL has undermined a much-needed focus on social justice and public empowerment. This article argues that PIL's underperformance is not rooted in its elite-driven use alone, but is also a consequence of judicial unwillingness to remain jurisprudentially creative. Adopting a broader rather than minimalist approach to PIL, it focuses on the limits of social-rights-centric concept of social justice, and argues that enforcing principles of constitutionalism through PIL, even if pursued by the elites, could be a viable avenue towards social and constitutional justice
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| 6 |
ID:
170272
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| Summary/Abstract |
The women's movement in Pakistan strategically used the courts to fight for rights-based empowerment over the last 40 years. Its demand to hold the state and judiciary accountable for delivering on its constitutional promise of fundamental rights has led to landmark public interest litigation jurisprudence. This paper presents for the first time the movement's full history of litigation in its key areas of concern: sexual and reproductive rights, protection from discriminatory laws and informal justice mechanisms, socio-economic and environmental rights and political rights. Achievements include positive verdicts, sensitizing judges, progressive legislation and increased public awareness.
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