The Collapse of Constitutional Remedies

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Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Remedies for Human Rights Violations

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Publisher : Cambridge University Press
ISBN 13 : 1108417876
Total Pages : 633 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Remedies for Human Rights Violations by : Kent Roach

Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Fundamental Rights and Constitutional Remedies

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Publisher :
ISBN 13 :
Total Pages : 1116 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fundamental Rights and Constitutional Remedies by : Velandai Gopalayyar Ramachandran

Download or read book Fundamental Rights and Constitutional Remedies written by Velandai Gopalayyar Ramachandran and published by . This book was released on 1968 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Writs and Other Constitutional Remedies

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Publisher :
ISBN 13 : 9788180385070
Total Pages : 706 pages
Book Rating : 4.3/5 (85 download)

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Book Synopsis Writs and Other Constitutional Remedies by : Asim Pandya

Download or read book Writs and Other Constitutional Remedies written by Asim Pandya and published by . This book was released on 2009 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to India.

Fundamental Rights and Constitutional Remedies: Constitutional remedies

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Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.:/5 (891 download)

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Book Synopsis Fundamental Rights and Constitutional Remedies: Constitutional remedies by : Om Prakash Aggarawala

Download or read book Fundamental Rights and Constitutional Remedies: Constitutional remedies written by Om Prakash Aggarawala and published by . This book was released on 1954 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamental Rights and Constitutional Remedies

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Publisher :
ISBN 13 :
Total Pages : 666 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fundamental Rights and Constitutional Remedies by : Velandai Gopalayyar Ramachandran

Download or read book Fundamental Rights and Constitutional Remedies written by Velandai Gopalayyar Ramachandran and published by . This book was released on 1959 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How to Save a Constitutional Democracy

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Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Fundamental Rights and Constitutional Remedies: Fundamental rights

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Publisher :
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.:/5 (891 download)

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Book Synopsis Fundamental Rights and Constitutional Remedies: Fundamental rights by : Om Prakash Aggarawala

Download or read book Fundamental Rights and Constitutional Remedies: Fundamental rights written by Om Prakash Aggarawala and published by . This book was released on 1953 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Natural Resources Law

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Publisher :
ISBN 13 : 9780314290168
Total Pages : 0 pages
Book Rating : 4.2/5 (91 download)

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Book Synopsis Natural Resources Law by : Jan Laitos

Download or read book Natural Resources Law written by Jan Laitos and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Fundamental Rights and Constitutional Remedies in Pakistan

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fundamental Rights and Constitutional Remedies in Pakistan by : Syed Sharifuddin Pirzada

Download or read book Fundamental Rights and Constitutional Remedies in Pakistan written by Syed Sharifuddin Pirzada and published by . This book was released on 1966 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Remedies

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313013780
Total Pages : 296 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Constitutional Remedies by : Michael Wells

Download or read book Constitutional Remedies written by Michael Wells and published by Bloomsbury Publishing USA. This book was released on 2002-10-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether the injury ought to be accorded constitutional status at all, or instead should be treated as a routine wrong, no different in principle from a traffic accident. If the case warrants constitutional status, the next issue is whether or not suit may be brought against the officer who committed the wrong or his government employer, and so on. On each of these and other issues the authors guide the reader through the complex body of doctrine, the lively case law debates, and the scholarly literature over the appropriate mix of policies and the means by which to achieve them.

Constitutional Remedies and Writs

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Publisher :
ISBN 13 :
Total Pages : 756 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutional Remedies and Writs by : Durga Das Basu

Download or read book Constitutional Remedies and Writs written by Durga Das Basu and published by . This book was released on 1994 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Models of Constitutional Jurisdiction

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Publisher : Council of Europe
ISBN 13 : 9789287124142
Total Pages : 52 pages
Book Rating : 4.1/5 (241 download)

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Book Synopsis Models of Constitutional Jurisdiction by : Helmut Steinberger

Download or read book Models of Constitutional Jurisdiction written by Helmut Steinberger and published by Council of Europe. This book was released on 1993-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover: Collection: Science and technique of democracy

Constitutional Remedies in Asia

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Publisher : Routledge
ISBN 13 : 0429788126
Total Pages : 265 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Constitutional Remedies in Asia by : Po Jen Yap

Download or read book Constitutional Remedies in Asia written by Po Jen Yap and published by Routledge. This book was released on 2019-03-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Damages for Violations of Human Rights

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Publisher : Springer
ISBN 13 : 3319189506
Total Pages : 488 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska

Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

INTERNAT COVENANT CIVIL POL RIGHTS 3E C

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191650234
Total Pages : 1042 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis INTERNAT COVENANT CIVIL POL RIGHTS 3E C by : Sarah Joseph

Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.