Public interest litigation and judicial activism in Uganda

improving the enforcement of economic, social and cultural rights
  • 79 Pages
  • 4.45 MB
  • 4177 Downloads
  • English
by
Human Rights & Peace Centre, Faculty of Law, Makerere University , Kampala, Uganda
StatementChristopher Mbazira.
SeriesHURIPEC working paper -- no. 24
ContributionsMakerere University. Human Rights and Peace Centre.
The Physical Object
Paginationv, 79 p. ;
ID Numbers
Open LibraryOL23576748M
ISBN 109970511200
LC Control Number2009314293

Public interest litigation and judicial activism in Uganda: improving the enforcement of economic, social and cultural rights by Christopher Mbazira; 4 editions; First published in ; Subjects: Political questions and judicial power, Public interest law; Places: Uganda.

Public interest litigation and judicial activism in Uganda: improving the enforcement of economic, social and cultural rights Christopher Mbazira, Makerere University.

Human Rights and Peace Centre. Public interest litigation and judicial activism in Uganda: improving Public interest litigation and judicial activism in Uganda book enforcement of economic, social and cultural rights.

Christopher Mbazira. Kampala, Uganda: Human Rights & Peace Centre, Faculty of Law, Makerere University, c HURIPEC working paper no.

this paper is about the challenges of being a public interest litigator in environmental law in Uganda. Public Interest Litigation is defined as litigation involved in the protection of the interests of the public at large.

Public Interest Litigation (PIL) is generally used to protect group interest and not individual interest. Despite the growing use of public interest litigation (PIL) as a mechanism for pursuing the goals of social justice and enhanced democratic constitutionalism, there is scant comparative analysis of the phenomenon among the three East African countries of Kenya, Tanzania, and Uganda.

In tandem with the regional EastCited by: 2. PUBLIC INTEREST LITIGATION AND JUDICIAL ACTIVISM I. DEFINING THE SPHERE OF JUDICIARY A strong, independent, impartial and well-organised judiciary plays an important role in the democratic system of governance.

It not only prevents the arbitrary use of governmental authority but also safeguards the rights and liberties of Size: KB. The Supreme Court of Uganda has held that ‘the salient ingredient of Public Interest Litigation is that the suit is brought for and in the interest of the Public.

Such litigation is initiated only for redress of a public injury, enforcement of a public duty or vindicating interest of public nature’.

Abstract. Despite the growing use of public interest litigation (PIL) as a mechanism for pursuing the goals of social justice and enhanced democratic constitutionalism, there is scant comparative analysis of the phenomenon among the three East African countries of Kenya, Tanzania, and by: 2.

This course discusses aspects of Judicial activism, Judicial restraint and public interest litigation. Detailed Explanation with covering of each and every topic in the Laxmikanth book!!Thank you so much Mam for making such a wonderful course!. Bushra Rehman Khan. Remedy for damages in case of petition filed in public interest by practising Advocate for a foreign national not a private law affairs only.

Public Interest Litigation and Political Theories and Economic Policy of the Government. xlviii Limit an Judicial Activism in case of PIL. Reviews: 4. Public Interest Litigation and Judicial Activism: Public interest litigation or social interest litigation today has great significance and drew the attention of all concerned.

The traditional rule of “Locos Standi” that a person, whose right is infringed alone can file a petition, has been considerably relaxed by the Supreme Court in its. Public interest litigation and judicial activism in Uganda: improving the enforcement of economic, social and cultural rights Author: Christopher Mbazira ; Makerere University.

Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body.

This is the evolving Judicial Activism of the higher courts. ‘Judicial Activism’ is a layman’s term for the role of Judiciary in initiating the policies to dispense justice. It is usually through the PIL, but the Supreme Court from time to time has given directions, passed writs and.

Introduction.

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Public interest litigation (PIL) is possibly the best-known and most emulated feature of the Indian judicial system. 1 In its inaugural moment in the late s, the Supreme Court of India conceived of PIL as a way to remedy fundamental rights violations for those who, for reasons of impoverishment or other forms of disempowerment, could not approach the courts themselves.

The Supreme Court of India today is arguably one of the most powerful constitutional courts in the world. The Court has taken on an active and central role in the governance of the Indian polity through its activity in public interest litigation cases, and in some cases, has virtually taken over functions that were once the domain of Parliament and the Executive.

Implementation: The Indian and Australian Public interest litigation [’PIL’], typically defined as proceedings in which the public or the community at large has some pecuniary or legal interest, demonstrates an ability to foster human Indian court system a culture of judicial activism Indeed, the Indian judiciary.

The chief instrument through which judicial activism has flourished in India is Public Interest Litigation or Social Action Litigation. Many prisoners in Bihar who had spent long years in jail were released after the Supreme Court heard that case which was filed by an advocate.

Analysis - No one can dispute the fact that judicial activism in public interest litigation remains one of the veritable tools to bring about good governance, quality and responsive leadership and. This is a pioneering work in the field of Public Interest Litigation (PIL).

The initiation of judicial activism by some active judges of the Supreme Court in the early eighties has opened new frontiers in the field of human : Sampath Jain. 1 Oloka-Onyango J, When courts do politics: Public interest law and litigation in East Africa, Cambridge Scholars Publishing, Newcastle,4.

2 Oloka-Onyango J, When courts do politics, 5. 3 The author focuses on Kenya, Tanzania and Uganda because ‘the legal regime and professions in all three countries are closely linked’.File Size: KB.

Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality.

Public Interest Litigation is the power given to the public by courts through judicial activism. Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon.

The term “public interest litigation” originated in the United States, and it meant litigation in the interest of the public.

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By terming it “social action litigation”, Prof. Baxi envisaged it to be litigation and judicial activism aimed at social transformation and access to justice for the most marginalised and : JAYNA KOTHARI. “Public interest Litigation (PIL)”, in simple words, means, litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, Terrorism, Road safety, constructional hazards etc.

Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the [ ].

Public Interest Litigation is a good thing when it is used to enforce the rights of the disadvantaged. But it has now been diluted to interfere with the. Public Interest Litigation (PIL) refers to litigation undertaken to secure public interest.

It is a relaxation on the traditional rule of Locus standi. Earlier, the judiciary, including the Supreme Court of India entertained litigation only from those parties that were affected directly or indirectly by the subject of the litigation.

A STUDY ON THE ADVANTAGES AND DISADVANTAGES OF PUBLIC INTEREST LITIGATION 1 Harshit. Jain 1 Student, III year, BBA.,LL.B, Saveetha School of law, Saveetha Institute of Medical and Technical Science s, Saveetha University, ChennaiTamil Nadu, India. Public interest litigation and judicial activism in Uganda: improving the enforcement of economic, social and cultural rights [] Mbazira, Christopher.

Kampala, Uganda: Human Rights & Peace Centre, Faculty of Law, Makerere University, c. Public interest litigation and the civil society factor - Volume 38 Issue 4 - Harriet Samuels 88 For a contemporary discussion of judicial activism see Barber, NW, Ekins, R and Yowell, It will grant public interest standing where the CSO claims to represent the public interest in their area of expertise.

See Cane, above n Author: Harriet Samuels. Prafullachandra Natwarlal Bhagwati remembered as a pioneer of the Public Interest Litigation and concept of absolute liability was born on Decemin Gujarat. The 17 th Chief Justice of India decorated with Padma Vibhushan and well known for judicial activism in contemporary Indian jurisprudence received his education in Mumbai from the Elphinstone College, Mumbai.

Justice P.

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N. BHAGWATI ji was our Chief Justice of India. He introduced Public Interest Litigation and Judicial Activism to our Judicial System. .