~ John Lewis
'Our lives begin to end the day we become silent about the things that matter.' Martin Luther King, JrWe can all accept that the country is not working. The question is why isn't it? Some say it's 'the system'. But what is this 'system'? The system is a combination of terribly bad laws or obnoxious provisions in our laws, bad policies and practices all locked down, now a way of life. This, aside from wicked, incompetent rulers at all levels.
The laws are deliberately designed to make wrongdoing and evil lawful, and therefore legally correct, even if morally not so. Meaning, a thing could be wrong and detrimental to the society but very proper in the eyes of the law, because it is provided for in the law and/or a policy which has been in place since forever. As long as these institutional and systemic injustices remain, much of what we do or complain about would remain. One way of addressing this is through public interest litigation.
Why public interest litigation when there is the legislature to correct the anomalies? First, from experience, the legislators are not any different. They too benefit from the mess and/or are unwilling to rock the boat. Changing legislation also takes time, and can be opposed by vested interests. A more sure way is to get the courts to wade in.
Black’s Law Dictionary (6th Edition) defines 'public interest' as: '1. The general welfare of the public that warrants recognition and protection. 2. Something in which the public as a whole has a stake especial an interest that justifies governmental regulation.'
Public interest litigation, impact litigation or strategic litigation, therefore, is the practice of bringing up lawsuits intended to correct wrongs and effect societal change. It is one way for the people ask the court to ensure that a particular law (or perhaps a part/parts of it), a policy, practice, etc that is not correct, unfair or unconstitutional. Each and every provision of a law or practice must align perfectly with the Constitution to be valid and to stand.
If, therefore, you feel uneasy about something, you sense that it's not right, is harmful, detrimental, is unjust, excludes others or confers undue advantage to some (including those in power) above others, etc, know that you are possibly correct, and there is a way it can be addressed, weighing it against the Constitution. Be sure that there is something you can do about changing this anomalies by approaching the courts. And you don't need to be a lawyer yourself to do this.
Many of us take the gift of being able to read and write for granted. We usually take the gift of being able to read and understand for granted. It is a great resource. We further undermine the power we have to effect needed changes to make our society a better place.
Thanks to HIVE COMMUNITY.