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Civil Procedure in Public Interest Litigation: Tradition, Collaboration and the Managerial Judge

Year: 2012

Type: article

Abstract: Supporters of public interest litigation, especially in its bolder forms, usually seek maximum procedural flexibility so that substance will never give way to form. This paper argues against this grain: good procedures serve substance, and if traditional procedural forms do not fit modern public interest litigation that might be a reason to seek new formal procedures rather than retreat from the idea itself.

Source: Cambridge Journal of International and Comparative Law

DOI: 10.7574/cjicl.01.03.54

Author: James Fowkes

Institutions: University of Münster, Yale University

Language: English

Topic: Legal processes and jurisprudence

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W1964872956

FWCI:

Cites:

Cited by: 10

Related to: 10