F2108033842.pdf - IOSR Journal Of Humanities And Social...

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IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 21, Issue 8, Ver.3 (Aug. 2016) PP 38-42 e-ISSN: 2279-0837, p-ISSN: 2279-0845. DOI: 10.9790/0837-2108033842 38 | Page Public Interest Litigation; a New Dimension of Judicial Activism : Prospects&Potentials * Samira Rahat Mohana, * Subrina Akter * Lecturer, Department of Law & Justice, Bangladesh University of Business & Technology, Bangladesh Abstract : Public Interest Litigation ( PIL ) is a concept which fully justifies the universally accepted promise that human beings are social animals . No one wants to see his fellows defenseless, in the face of violation of his fundamental rights, due to insufficient means . This very notion has led to the revolutionary concept of PIL . The termPIL is a new phenomenon in our legal system . In PIL the courts are seen for the first time to be concerned with public interest matters going beyond the traditional role of the judges . It involves a public law approach with respect to the rules of standing, procedure and remedies . PIL is one of the unique ideas with the development of which the concept of abstract judicial review has been revealed . Not only that, the Public Interest Litigation is the horizon of the judicial rolling review . The uniqueness of PIL is also lies in the feature of absence of the theory of Judicial Restraint . Not only in terms of elegance and novelty, this is a topic with a high profile due to its importance, relevance and necessity . This paper aims to show the new approaches of the court which have strengthen the judicial activism . Keywords : - Public Interest Litigation, PIL, Judicial Approach, Fundamental rights, judicial activism . I. INTRODUCTION PIL or Public Interest Litigation is fairly recent phenomena in South Asia as well as in Bangladesh . To activate the judicial method to pursue a public cause or the rule of law, and allows the court to provide unorthodox remedies PIL refers to that activist jurisprudence that allows any person without being actually aggrieved . The concept and practice of PIL is thus an exception to the general rules of our Common law based legal system . It is not a revolution in the sense that it does not attempt to overthrow the entire existing system . But it is not a mere tinkering with the system either . It brings along with it a new set of principles and procedures that negate the traditional approach when public interest is concerned . Accordingly, the courts act suo motu, liberally interpret the rules of standing, treat letters as writ petitions, appoint commissioners, enlist aid from volunteers, award compensation to the victim and provide for continuous monitoring of the situation . PIL thus is a major reformation at both conceptual and practical levels . In most developing countries, the legal regime of environmental laws is weak and the laws are difficult to enforce and sometimes ambiguous . Public interest litigation has helped to bridge this gap . Public interest litigation is important where the government is not willing to promote / protect the environment .

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