The Politics of Strategic Litigation: Democratic Safeguard or Threat

Abstract

This panel aims to invite researchers to present their work on the politics of strategic litigation, trying to distinguish among such litigation the one that should be limited, because they can be a threat to democracy (like SLAPP – strategic lawsuit against public participation), and the one that should be promoted, because they can be seen as a tool that safeguard democracy, by compensating some defects of the majoritarian principle inherent to most parliamentary democracies. This panel invite multidisciplinary contribution mixing law, history, philosophy and political science. Both empirical and theoretical works are welcome.

Title	Details
Contested Justice: Activist Engagements with Law Between Opportunity and Control	View Paper Details
Democratic Strategic Litigation: a Concept to Promote and Implement?	View Paper Details
Legal Battles Over Reproductive Rights in the Context of State Authoritarianism	View Paper Details
Judicial Politics in an Age of Democratic Contestation	View Paper Details
Producing Fundamental Rights in Paris and New York: Mapping the Space of Strategic Litigation	View Paper Details