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Pressure Through Law (Paperback)
Loot Price: R1,497
Discovery Miles 14 970
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Pressure Through Law (Paperback)
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Group litigation has been recognised by political scientists in the
States as a useful method of gaining ground and attracting
publicity for pressure groups since the turn of the century. In
Britain however, recognition that the courts fill such a role has
come more slowly. Despite this lack of recognition, pressure
through law is far from a modern phenomenon. As the authors show,
such cases can be identified in Britain as early as 1749 when
abolitionists used the court to test conflicting views of slavery
in common law. This book looks at the extent to which pressure
groups in Britain use litigation, presenting a view of the courts
as a target for campaigners and a vehicle for campaigning. It
begins with a description of the tradition of pressure through law
in Britain, tracing the development of a parallel tradition in the
United States, which has been influential in shaping current
British attitudes. The authors analyse the significance of the
political environment in Britain in test-case strategy. In contrast
with America, Britain has no written constitution and no Bill of
Rights and its lack of Freedom of Information legislation makes
both litigation and the monitoring of its effects very difficult.
However, the centralised character of the British government means
that the effects of lobbying are rather more visible in the
corridors of power. The authors examine a large number of case
studies in order to analyse current practice, and they look at the
rapidly changing European and international scene, discussing
transnational law, the European community and the Council of
Europe. They also look at the campaign tactics of global
organisations such as Amnesty and Greenpeace. Carol Harlow and
Richard Rawlings are experienced in public law and familiar with
political science literature. They are therefore able to relate
legal systems to the political process, in a book designed to be
accessible and important to lawyers, to political scientists and to
lobby group activists.
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