“Giustizia sociale” e Public Interest Litigation nell’evoluzione costituzionale di alcuni ordinamenti asiatici

Social Justice and Public Interest Litigation in The Constitutional Development of Some Asian Legal Systems

Abstract

Traditionally, the rules regarding to the locus standi, as well as the exact definition of the legal status, restrict proceedings to the sole right holder. This account could appear an easy, clear and basic legal issue, both in judicial and de iure condendo standpoints, but in some social and anthropological experiences the debate is perpetually open. In the following essay, after having illustrated the relationship between the Indian Supreme Court and the legislative and executive powers, I will draw up a legal framework of the Public Interest Litigation (PIL) in India and Nepal, for acknowledging that the definition ‘Social Action Litigation’ enhance the PIL’s role with regard to a widespread idea of social justice in the Indian subcontinent.