Rationale between the Fundamental Rights Jurisdiction and the Public Interest Litigation : A review on Sri Lankan Context

Abstract

Public interest is a concept that is fundamental to a representative democratic system of government. Acting in the public interest is important to a good public administration. According to Black’s Law Dictionary, “Courts exist to promote justice, and thus to serve the public interest. [...] Every judge should at all times be alert in his rulings and in the conduct of the business of the court, so far as he can, to make it useful to litigants and to the community.” The concept of Public Interest Litigation originated in the United States of America in the 19th century. The phrase ‘public law litigation’ was prominently used by the American jurist, Abram Chayes (1922 – 2000) to describe the practice of attorneys or some public-spirited individuals who seek to bring in social changes through the court-ordered decree to reform the legal rules, enforce existing norms and articulate public norms. The term “Public Interest” means the larger interest of the public, general welfare and interest of the masses. The word “litigation” means a legal action that includes all proceedings therein initiated in a court of law to enforce a right and seek a remedy. Hence, the expression “Public Interest Litigation” means any litigation for the benefit of the public. One of the main aims of ‘law’ is to achieve justice in society and Public Interest Litigation is one such tool developed by the judiciary to achieve this objective. Accordingly, public interest litigation is the use of the law to advance justice, equality and human rights, or raise issues of broad public concern. Today, Public Interest Litigations are widely used in India, South Africa, the USA, the UK and many other countries including Sri Lanka.