When do courts step in? Air quality litigation and adjudication in Germany and India

Abstract

ABSTRACT The systems of judicial review of administrative decisions differ in various countries. Even as differences are observable, each system creates certain stable expectations towards the functioning of judicial review and more generally towards the relationship amongst the three branches of government. Courts can behave outside of these stable expectations. This paper labels these situations as courts stepping in. In Germany as well as India, courts have played an active role in air quality litigation. The paper assesses whether in both cases courts stepped in and thereby highlights the importance of knowing the stable status quo for administrative comparative law scholarship.