Evolution and Development of Public Interest Litigation and the Role of the Supreme Court

Abstract

The first chapter Introduction deals the importance of public Interest newlineLitigation and its need for the society. The judiciary plays a leading role in the newlineprotection and enforcement of basic human rights and freedoms. Its role is not newlinerestricted to providing redress to violation of human rights but also to interpret and newlineexpand the scope of human rights in accordance with the national constitution as newlinewell as the growing body of international human rights norms. These two roles on newlineadjudication and creativity are crucial for the effectiveness of the judiciary as the newlineguardian of basic human rights and freedoms. newlineHowever, the judiciary may not accomplish its role unless individuals and newlinegroups have the capacity and means to enforce their rights. Effective enforcement newlineof human rights in courts is hampered by the high cost of legal services, newlinecomplexity of litigation and the procedural restrictions on the right to bring actions newlinein courts. This constantly affects the poor and venerable groups more adversely newlinethan the rich and affluent. It is for this reason that in many countries judicial and newlinelegislative innovations have been developed to increase access of the poor to newlinejustice so that they may realize their God given entitlements which no one, not newlineeven the state has the right to take away. newline