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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.
Rob van Gestel, Professor of Theory and Methods of Regulation, Department of Private, Business & Labour Law (PBLL), Tilburg University, the Netherlands
ContentsPreface 1 Public interest litigation 2 Judicialization of politics or politicization of the judiciary? 3 Racial desegregation in American public schools: parentsinvolved in community schools v. Seattle School DistrictNo. 1 (PICS) 4 The Urgenda climate case in The Netherlands: the sparkigniting global climate change litigation 5 F v. Bevándorlási és Állampolgársági Hivatal: gay asylumseekers and the European Court of Justice 6 The Delhi vehicular pollution case: the Indian SupremeCourt battling air pollution 7 The treatment action campaign case on the prevention ofmother-to-child transmission of HIV in South Africa8 Legitimacy of public interest litigation
‘This is an important contribution to the discussion on public interest litigation. Van Gestel enriches the debate with a variety of previously underexplored case studies that demonstrate the complexity of the issue. The discussion on judicial legitimacy in public interest cases is sharp, balanced and sophisticated.’