From Strategic Litigation to Juridical Action [chapter]

Andreas Fischer-Lescano
2021 Interdisciplinary Studies in Human Rights  
AbstractWith strategic litigation, lawyers and public interest NGOs have sought to bring socio-structural problems before courts around the world for many years. In doing so, they (a) initiate legally substantiated lawsuits that (b) pursue goals beyond a legal process' "success" and (c) address considerable political issues. Litigation strategists often strive to realise the judicial enforcement of human rights, environmental rights, trade union rights, migrant and refugee rights, and so on, in
more » ... these proceedings. In other words, they seek to make the law "better." It is precisely here that legal mobilisation's structural limitations—also present in the day-to-day business of law—come to light in the context of strategic litigation.
doi:10.1007/978-3-030-73835-8_15 fatcat:l6mcwuolhjhtrbu4jrfyod24qy