Strategic Litigation and Social Change: A Narrative Review

This article explores strategic litigation – a legal tool used to drive social, legal or political change beyond individual cases – and whether it can create change in society. Recent political pushback against courts underscores the growing controversy around this practice. Strategic litigation has been widely studied globally, with authors deploying different conceptualisations and methods. Using a narrative literature review, the article answers the question under what conditions and through what mechanisms strategic litigation has impact. To this end, the article maps key trends, including the globalisation of research, a shift from focusing on courts to social movements, and methodological shortcomings like limited empirical evidence. It also highlights recurring themes, such as scepticism about strategic litigation’s effectiveness, risks of backlash and the conditions needed for success, e.g., public support, a strong legal framework, and sufficient resources. The article synthesises existing research and suggests directions for future studies on strategic litigation as a catalyst for societal transformation.