Test case biographies as a method for studying hidden lawmaking.
This project is a part of a research programme on ‘hidden lawmakers' in test case litigation and their role and effect in developing legal doctrine. It will develop a method for creating ‘biographies' of pivotal legal cases, exploring in depth their provenance and impact. This will include analysis of the histories and motivation of protagonists, their effect on legal argument, on judicial disposition, and ultimately on the development of law. Three leading health care law cases, displaying a range of typical variables, will be used to illuminate how social and ethical dilemmas give rise to litigation and the implications for legal theory and policy making.