Journal of Legal Research

Journal of Legal Research

A Comparative Analysis of "Public Interest Claims" in US and Indian Legal Systems

Document Type : Original Article

Authors
1 Assistant Professor, Department of Public Law and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran.
2 M.A. in Public Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran.
Abstract
Public interest litigation (PIL) emerged as a distinct form of litigation originating from the historical trajectory and legal context of the United States. Initially shaped by America's legal associations and rooted in the civil rights movements of the mid-20th century, these litigations addressed the shortcomings in traditional democratic models. They serve as a mechanism to uphold the assurances enshrined in the legal framework, such as the Sani Law, catering to classes and individuals deprived of fundamental rights and human dignity. PILs are instrumental in granting marginalized segments of society access to judicial justice, primarily focusing on the safeguarding of their fundamental rights and the rectification of legal ambiguities. Moreover, they aspire to instigate 'social change,' where the outcomes extend beyond individual cases and can be applied to similar situations, amplifying their impact. Advocating for human rights principles stands as the underlying motive and impetus behind such petitions. Various nations, including India, have adapted and refined this litigation model to suit their distinct social contexts and legal structures. Notably, in India's legal system, the Supreme Court judges have spearheaded innovation, particularly in relaxing the stringent requirements for the plaintiff's general authority.
Keywords

- Afshari, Fatemeh. "Obstacles to the revival of public rights in Iranian law and the solutions for its desired realization", Knowledge of Public Law Quarterly 10, (Autumn 1400): 111-140. (in Persian)
- Albiston, Catherine R. Nielsen, Laura Beth. The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General, 54 UCLA L. REV.1087. 2007. (in English)
- ALBISTON, CATHERINE. DEMOCRACY, CIVIL SOCIETY, AND PUBLIC INTEREST LAW. University of California, Berkeley School of Law Cummings. 2018. (in English)
- Aleinikoff, T. Alexander. Detaining Plenary Power: The Meaning and Impact of Zadvydas v. Davis,16 Georgetown Imm. L. J, 365 , 2002 (in English)
- Aron, Nan (2018). Liberty and Justice for All; Public Interest Law in the .1980s and Beyond. 2018. (in English)
- Bakshi. P.M. (2000). PUBLIC INTEREST LITIGATION; Public Interest Lawyering Legal Aid & Para Legal Services. Whytes & Co. 2000. (in English)
- Bhushan, Prashant. “Supreme Court and PIL: Changing Perspectives Under Liberalisation.” Economic and Political Weekly 39. No 18. (2004). (in English)
- Cole, George; Frankowski, Stanislaw. Abortion and protection of the human fetus: legal problems in a cross-cultural perspective, p. 20 (1987). (in English)
- Cooley, Amanda Harmon. "American Civil Liberties Union (ACLU)." Encyclopedia of Social Networks. Ed. George A. Barnett. Thousand Oaks, Calif.: Sage Publications. Vol. 1. 2011. (in English)
- Desai, Ashok, and S. Muralidhar. “Public Interest Litigation: Potential and Problems,” in B.N. Kirpal et al., eds., Supreme But Not Infallible: Essays in Honour of the Supreme Court of India. New Delhi: Oxford University Press. 2000. (in English)
- Dua, Bhagwan, D.. “A Study in Executive-Judicial Conflict,” Asian Survey 23, no 4. (1983). (in English)
- Faridzadeh, Ghazaleh and Mohammad Hassan Kobagani. "Types of methods of access to basic jurisdiction with emphasis on basic litigation", Legal Research Quarterly, 85, (Spring 2018): 321-348. (in Persian)
- Freeman, Andrew D.; Farris, Juli E. "Grassroots Impact Litigation: Mass Filing of Small Claims". University of San Francisco Law Review. (1991). (in English)
- Friedman Goldstein, Leslie. Contemporary Cases in Women's Rights. Madison: The University of Wisconsin.1994. (in English)
- Goodpaster, G. S. “The Constitution and Fundamental Rights”. Ariz. L. Rev., 15, no 479. (1973). (in English)
- Habibi Dargah, Behnam. "The concept of the principle of access to justice, its features and effects", Shiraz University Legal Studies Journal, 10, 1, (2017): 61-90. (in Persian)
- Hadavand, Mehdi. "Judicial supervision: conceptual analysis, basic developments", Basic Rights. 7. 9, (1387): 56-7. (in Persian)
- HERSHKOFF, HELEN. Rights into Action: Public Interest Litigation in the United States, Many roads to justice. 2000.Kagan, Robert A. Adversarial Legalism: The AmericanWay of Law. Cambridge: Harvard University Presspo. 2001. (in English)
- Kassin, Saul M.; Norwick, Rebecca J. "Why People Waive Their Miranda Rights: The Power of Innocence". Law and Human Behavior. 28, no 2. (2004). (in English)
- Khalafrezaei, Hossein. "Study of the duties and functions of the Federal Constitutional Court of Germany". Public Law Review Quarterly, 2, 1, (2012): 1-26. (in Persian)
- Lopez, Caroline Bettinger. Redefining Human Rights Lawyering Through the Lens of Critical Theory: Lessons for Pedagogy and Practice, 18 Geo. J. on Poverty L. & Pol’y. (2011). (in English)
- Maranlou, sahar.. Access to Justice in Iran;Women. Perceptions.and reality. Cambridge University Press. 2015. (in English)
- Mate, Manoj. Public Interest Litigation and the Transformation of the Supreme Court of India. Cambridge University Press. 2013. (in English)
- Mcilwain, Charles Howard. Constitutionalism, ancient and modern. Cornell University Press.1974. (in English)
- NoghrehKar, Mohammad Saleh. The role of the prosecutor in protecting public rights, Tehran, Jangal ,2018. (in Persian)
- Nowak, John E.; Rotunda, Ronald D. Treatise on Constitutional Law: Substance and Procedure (5th ed.). Eagan, Minnesota: West Thomson/Reuters. 2012. (in English)
- Otteh, Joseph. A Primer on Public Interest Litigation (PIL). Access to Justice. 2012. (in English)
- Parveen, Khairullah , Fatemeh Ashabi. "Claims implying the public interest have the capacity to restore public rights; A comparative case study", comparative research of Islamic and Western law, serial number 34, (1401): 3-32. (in Persian)
- Peiris, G.L., ‘Public Interest Litigation in the Indian Subcontinent: Current Dimensions,’ International and Comparative Law Quarterly, (1991). (in English)
- Powell, John A. “The Public Interest Law Movement: A History and Overview”. California Law Review, (1986). (in English)
- Rabin, Robert L. Lawyers for Social Change: Perspectives on Public Interest Law," Stanford Law Review 210.(1976). (in English)
- Rhode, Deborah L. Access to Justice. OXFORD UNIVERSITY PRESS. 2008. (in English)
- Robert Talisse, Deliberation, in THE OXFORD HANDBOOK OF POLITICAL PHILOSOPHY 206 (David Estlund ed) 2012. (in English)
- Rostami, Vali and Mohammad Kobagani. "Basic Guarantees of Fundamental Rights and Freedoms: An Analysis of Fundamental Litigation in France and England", Journal of Public Law Studies, 11, 2, Summer1400: 483-503. (in Persian)
- Sathe, S.P. Judicial Activism in India: Transgressing Borders and Enforcing Limits. New Delhi: Oxford University Press. 2002. (in English)
- Schuck, P.H. "Meditations of a Militant Moderate: Cool Views on Hot Topics". G - Reference, Information and Interdisciplinary Subjects Series. Rowman & Littlefield. (2006). (in English)
- Shapiro, Martin. 2002. “The Success of Judicial Review and Democracy,” in Martin Shapiro and Alec Stone Sweet, eds., On Law, Politics,&Judicialization. London:Oxford University Press. (in English)
- Silva, Fabio de Sa." LAWYERS AND GOVERNANCE IN A GLOBALIZING WORLD: NARRATIVES OF “PUBLIC INTEREST LAW” ACROSS THE AMERICAS". 2012. (in English)
- Singh, Parmanad (2010). PROMISES AND PERILS OF PUBLIC INTEREST LITIGATION IN INDIA. Journal of the Indian Law Institute. (in English)
- Soltero, Carlos R. "Miranda v. Arizona (1966) and the rights of the criminally accused". Latinos and American Law: Landmark Supreme Court Cases. Austin, TX: University of Texas Press. (2006). pp. 61–74. (in English)
- Tahmasabi, Ali. "Comparative study of group litigation conditions in American and Canadian law: Lessons for Iranian law", Comparative Law Researches, (2013): 153-175. (in Persian)
- Vaezi, Seyyed Mojtaba. Administrative law 1, Mizan legal foundTION, 1400. (in Persian)
- Vieira, Oscar Vilhena. “PUBLIC INTEREST LAW: A BRAZILIAN PERSPECTIVE. UCLA”. Journal of International Law and Foreign Affairs .Vol. 13, No. 1 (2008):. 219-261. (in English)
- Zelman, Joshua D. Recent Developments in International Law: Anti-Terrorism Legislation-Part Two: The Impact and Consequences, 11 J. Transnat'l. L. & Pol'y. 421 (2002). (in English)
- Zoller, Elizabeth and Seyyed Mojtaba Vaezi. An Introduction to Public Law, javedaneh Publications ,3rd edition,2016. (in Persian)