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Pressure Through Law - Carol Harlow

Hardcover Published: 29th October 1992
ISBN: 9780415015493
Number Of Pages: 388

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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.

List of tables
Acknowledgements
Note on references and abbreviations
Table of cases
Introductionp. 1
A 'black hole'p. 2
Legal culturep. 5
Vocabulary and classificationp. 7
A prospectusp. 10
Philanthropy and Dissentp. 12
Abolitionists in courtp. 12
Courts and political casesp. 17
Parliament and courtsp. 19
Suffragists and courtsp. 22
Prosecution societiesp. 25
Moral crusadersp. 29
Prosecution: 'public' or 'private' right?p. 33
Maintenance and champerty: obsolete common law offences?p. 34
Libertarian puritansp. 36
Vice and vigilancep. 38
'A vision and its fulfilment'p. 40
Protecting the helplessp. 41
Open spaces and the countryside movementp. 45
The death of maintenancep. 48
Win some, lose somep. 50
The modern environmental movementp. 52
Civil libertiesp. 53
Liberty Through Legality: The United States Experiencep. 62
A common law heritagep. 62
A diversity of courtsp. 69
Slavery: from Somerset to Dred Scottp. 70
Women as personsp. 73
Josephine Goldmark and the 'Brandeis brief'p. 76
'Conservatives in court'p. 78
The 'watchdog of Negro liberties'p. 81
Civil libertiesp. 88
Third party intervention and ACLUp. 90
American freedom in the post-war periodp. 92
Pressure and public interestp. 94
Greening Americap. 97
The half-empty cupboard: women in court againp. 99
The 'New Right'p. 100
Pro-choice versus pro-lifep. 102
Cleaning up the criminal processp. 104
Cruel and unusual? Death as the targetp. 107
The victims' lobbyp. 108
Group Action in the Civil Courtsp. 112
Introductionp. 112
Costs and fundingp. 115
Disaster groups, disaster lawyersp. 120
Western promise: The class actionp. 124
Poor relation: The representative actionp. 127
Muddling through? The lead actionp. 129
Representatives in conflictp. 132
A technical question?p. 135
Collective injuries, collective remediesp. 137
Housing cases and community lawyersp. 137
Public and private law: access to courtp. 140
Standing to sue: planning casesp. 142
The Attorney-General and the public interestp. 144
Against the unions: The Freedom Associationp. 145
Opening up standingp. 147
Towards representative proceedings? The CPAGp. 148
Courts, Campaigns and Lobbyistsp. 155
Separate identityp. 155
Good fit: the ACAp. 158
Radical challenge: professional restraintp. 159
Political defences and the Peace Movementp. 162
Defence campaigns and the 'BWNIC Case'p. 165
Political theatre in Newburyp. 166
Trespass as a campaign toolp. 168
Objective: publicityp. 170
Secrecy and discoveryp. 172
Professional foul?p. 175
Blair Peach and racismp. 177
In tandem? courts and Commonsp. 178
Afterword: campaigns against miscarriage of justicep. 182
A watershed: the Thalidomide affairp. 184
Opren and afterp. 186
Lobbying the courtsp. 191
Gillick among the pressure groupsp. 196
The Strong Arm of the Lawp. 200
Introductionp. 200
A constitutional right? Philips and private prosecutionp. 202
The private right to prosecute: apparent or real?p. 203
Animal welfare and animal rightsp. 207
Objective and opportunity: an example from environmental crimep. 212
Pressure for prosecution: The Blackburn casesp. 213
'Mightier than the sword'p. 215
LIFE, abortion and the Crown Prosecution Servicep. 218
Victims' rights and Victim Supportp. 221
The victim as survivor: feminist challengep. 223
Pressure versus hate-crimep. 226
Unheard: The Gay London Policing Groupp. 227
Criminalising disasterp. 228
The Campaign Against Drinking and Drivingp. 231
The theatre of the absurdp. 234
Global Politics, Transnational Lawp. 237
The international scenep. 237
Insider status at the UNp. 240
UN enforcement procedures: a dead letter?p. 243
Towards adjudicationp. 245
An age of lawspeak?p. 246
Campaigning against the death penaltyp. 248
National courts and international normsp. 250
Pressure for peacep. 252
The European Convention on Human Rightsp. 254
The NCCL: a repeat playerp. 258
Procedural problems: standing, interventions and amicus briefsp. 259
Stop the canep. 262
Family rightsp. 263
Snakes and laddersp. 265
Networking and the ECHRp. 267
The European Communityp. 268
Creating networksp. 268
Standard setting: first stepsp. 272
Citizen enforcementp. 275
The Commission and citizen enforcementp. 277
Lobbying and the ECJp. 278
A friend at court?p. 281
Test cases for womenp. 282
A statutory pressure group?p. 285
National courts and networksp. 287
Pressure Through Lawp. 290
An alternative traditionp. 290
Pluralism and changing contextp. 293
Predictors of successp. 299
Group personalityp. 305
Good fit and respectabilityp. 307
Externalityp. 308
'Drainpipe' to 'freeway'p. 310
Group action and legal processp. 314
Striking back?p. 317
The future of pressure through lawp. 319
Notesp. 324
Bibliographyp. 329
Indexp. 350
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780415015493
ISBN-10: 0415015499
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 388
Published: 29th October 1992
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 3.81
Weight (kg): 0.73
Edition Number: 1

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