Access to courts by public interest groups seeking to challenge government decisions: A comparative analysis of Canada and Australia

In an era marked by increasing government regulation, one method of challenging government decisions is for citizens and public interest groups within society to seek access to the courts. Although there are other avenues, such as through the political process or media pressure, the legal process is attractive because courts can grant effective remedies and their decisions carry weight due to the authority and independence of the judiciary. Judicial review by the courts provides an effective mechanism for review of government decisions. However, the first step - gaining access to the courts - can be a barrier. Citizens have increasingly sought access to the courts to redress broad social and political issues. Courts have responded by gradually granting access to some public interest groups, carefully ensuring a credible, predictable basis for this access. This chapter will map how the courts have widened access to public interest groups. It will adopt a comparativist approach by considering cases in a variety of different interest areas in Canada and Australia. The chapter argues that meaningful redress of wrongs through public interest litigation in domestic courts can - and should - remain a useful strategy for securing global justice.