Democratic Strategic Litigation: a Concept to Promote and Implement?

Author : Jimmy Kolbe André, (CERSA, University Paris-Panthéon-Assas) This contribution aims to present an interdisciplinary research project – SUEDEM – I was involved in and which try to elaborate a concept of democratic strategic litigation. In this communication, after trying to clarify the relevant concepts (public interest litigation, strategic litigation) and historicizing them, I will combine legal, political and sociological analysis to explain why strategic litigation can be necessary in a democracy built on the majoritarian principle and how legal system can promote strategic litigation who has a positive impact on democracy.