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Courts to the Rescue of the Public Interest: Lessons From Landmark Cases

Courts to the Rescue of the Public Interest: Lessons From Landmark Cases

Author: Rob van Gestel
Publisher: Edward Elgar Publishing
ISBN: 9781035355877
Published In: June 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This timely book examines the increasing pressure on courts to protect underrepresented matters of public interest at the risk of political reprisals. Rob van Gestel provides critical insights into the role of courts amidst the escalating global trend of the judicialization of politics due to ineffective government legislatures. The book illustrates that courts cannot avoid policy-making in public interest cases, and demonstrates that the legitimacy of judicial lawmaking in these instances extends beyond a correct interpretation of the law.

Chapters explore the different strategies used by judges across jurisdictions in Europe, the USA, India and South Africa to legitimize their decisions in contentious public interest cases. He discusses a number of global landmark cases, including the Urgenda Climate Case in the Netherlands and the Treatment Action Campaign Case on the prevention of HIV transmissions in South Africa.

NGOs and lawyers engaging in public research litigation will greatly benefit from this insightful book, as will scholars who are interested in methods of judicial lawmaking. This book will also be a vital resource for judges, students and political scientists alike.

Preface

Public interest litigation

Judicialization of politics or politicization of the judiciary?

Racial desegregation in American public schools: parents involved in community schools v. Seattle School District No.

1 (PICS)

The Urgenda climate case in The Netherlands: the spark igniting global climate change litigation

F v. Bevándorlási és Állampolgársági Hivatal: gay asylum seekers and the European Court of Justice

The Delhi vehicular pollution case: the Indian Supreme Court battling air pollution

The treatment action campaign case on the prevention of mother-to-child transmission of HIV in South Africa

Legitimacy of public interest litigation