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

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.

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