Public Interest Litigation in Asia

Public Interest Litigation in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2010-11

Total Pages: 173

ISBN-13: 1136907203

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This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.


Courting the People

Courting the People

Author: Anuj Bhuwania

Publisher: Cambridge University Press

Published: 2017-01-16

Total Pages: 168

ISBN-13: 110714745X

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""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher".


Climate Change Litigation in the Asia Pacific

Climate Change Litigation in the Asia Pacific

Author: Jolene Lin

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 445

ISBN-13: 1108804918

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This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.


Taking the State to Court

Taking the State to Court

Author: Hans Dembowski

Publisher:

Published: 2001

Total Pages: 272

ISBN-13:

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These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.


The Cambridge Handbook of Environmental Justice and Sustainable Development

The Cambridge Handbook of Environmental Justice and Sustainable Development

Author: Sumudu A. Atapattu

Publisher: Cambridge University Press

Published: 2021-04-01

Total Pages: 825

ISBN-13: 1108574483

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Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.


In the Public's Interest

In the Public's Interest

Author: Gautam Bhan

Publisher: University of Georgia Press

Published: 2016-11-15

Total Pages: 309

ISBN-13: 082036973X

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This book studies the recent legacy of basti “evictions” in Delhi—mass clearings of some of the city’s poorest neighborhoods—as a way to understand how the urban poor are disenfranchised in the name of “public interest” and, in the case of Delhi, by the very courts meant to empower and protect them. Studying bastes, says Gautam Bhan, provokes six clear lines of inquiry applicable to studies of urbanism across the global south. The first is the long-standing debate over urban informality and illegality: the debate’s impact on conceptions and practices of urban planning, the production of space, and the regulation of value. The second is a set of debates on “good governance,” read through their intersections with ideas of “planned development” within rapidly transforming cities. The third is the political field of urban citizenship and the possibilities of substantive rights and belonging in the city. The fourth is resistance and the ability of a city’s subaltern residents to struggle against exclusion. The two remaining inquiries both cut across and unify the first four. One of these is the role of the judiciary and the relationships between law and urbanism in cities of the global south. The other is the relationship between democracy and inequality in the city. What emerges about Delhi in particular are a set of new modes for the reproduction of inequality. When rights are lost, citizenship is unequal and differentiated, the promise of development is refused, and poverty and inequality are reproduced and deepened. The task at hand, says Bhan, is not just to explain evictions but also to listen to what they are telling us about “the city that is as well as the city that can be.”


Many Roads to Justice

Many Roads to Justice

Author: Mary E. McClymont

Publisher:

Published: 2000

Total Pages: 384

ISBN-13:

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This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.


Buddhism, Politics and the Limits of Law

Buddhism, Politics and the Limits of Law

Author: Benjamin Schonthal

Publisher: Cambridge University Press

Published: 2016-11-17

Total Pages: 319

ISBN-13: 1107152232

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Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.


The Public Use of Private Interest

The Public Use of Private Interest

Author: Charles L. Schultze

Publisher: Brookings Institution Press

Published: 2010-12-01

Total Pages: 104

ISBN-13: 0815719051

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According to conventional wisdom, government may intervene when private markets fail to provide goods and services that society values. This view has led to the passage of much legislation and the creation of a host of agencies that have attempted, by exquisitely detailed regulations, to compel legislatively defined behavior in a broad range of activities affecting society as a whole—health care, housing, pollution abatement, transportation, to name only a few. Far from achieving the goals of the legislators and regulators, these efforts have been largely ineffective; worse, they have spawned endless litigation and countless administrative proceedings as the individuals and firms on who the regulations fall seek to avoid, or at least soften, their impact. The result has been long delays in determining whether government programs work at all, thwarting of agreed-upon societal aims, and deep skepticism about the power of government to make any difference. Strangely enough in a nation that since its inception has valued both the means and the ends of the private market system, the United States has rarely tried to harness private interests to public goals. Whenever private markets fail to produce some desired good or service (or fail to deter undesirable activity), the remedies proposed have hardly ever involved creating a system of incentives similar to those of the market place so as to make private choice consonant with public virtue. In this revision of the Godkin Lectures presented at Harvard University in November and December 1976, Charles L. Schultze examines the sources of this paradox. He outlines a plan for government intervention that would turn away from the direct "command and control" regulating techniques of the past and rely instead on market-like incentives to encourage people indirectly to take publicly desired actions.


Constitutional Remedies in Asia

Constitutional Remedies in Asia

Author: Po Jen Yap

Publisher: Routledge

Published: 2020-09-30

Total Pages: 182

ISBN-13: 9780367660697

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Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.