Constitutional Remedies


Constitutional Remedies
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Constitutional Remedies In Asia


Constitutional Remedies In Asia
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Author : Po Jen Yap
language : en
Publisher: Routledge
Release Date : 2019-03-07

Constitutional Remedies In Asia written by Po Jen Yap and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-07 with Social Science categories.


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.



Constitutional Remedies


Constitutional Remedies
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Author : Michael Wells
language : en
Publisher: Praeger
Release Date : 2002-10-30

Constitutional Remedies written by Michael Wells and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-30 with Law categories.


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.



Fundamental Rights And Constitutional Remedies


Fundamental Rights And Constitutional Remedies
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Author : Velandai Gopalayyar Ramachandran
language : en
Publisher:
Release Date : 1968

Fundamental Rights And Constitutional Remedies written by Velandai Gopalayyar Ramachandran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Civil rights categories.




The Collapse Of Constitutional Remedies


The Collapse Of Constitutional Remedies
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Author : Aziz Z. Huq
language : en
Publisher: Oxford University Press
Release Date : 2021

The Collapse Of Constitutional Remedies written by Aziz Z. Huq and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with LAW categories.


"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


Remedies For Human Rights Violations
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Author : Kent Roach
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08

Remedies For Human Rights Violations written by Kent Roach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.


Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.



Writs And Other Constitutional Remedies


Writs And Other Constitutional Remedies
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Author : Asim Pandya
language : en
Publisher:
Release Date : 2009

Writs And Other Constitutional Remedies written by Asim Pandya and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Appellate procedure categories.


With reference to India.



Fundamental Rights And Constitutional Remedies


Fundamental Rights And Constitutional Remedies
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Author : V. G. Ramachandran
language : en
Publisher:
Release Date : 1982

Fundamental Rights And Constitutional Remedies written by V. G. Ramachandran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with categories.




Fundamental Rights And Constitutional Remedies


Fundamental Rights And Constitutional Remedies
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Author : Velandai Gopalayyar Ramachandran
language : en
Publisher:
Release Date : 1964

Fundamental Rights And Constitutional Remedies written by Velandai Gopalayyar Ramachandran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with categories.




Constitutional Remedies In Canada


Constitutional Remedies In Canada
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Author : Kent Roach
language : en
Publisher: Canada Law Book
Release Date : 1994

Constitutional Remedies In Canada written by Kent Roach and has been published by Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Canada categories.




Constitutional Remedies And Writs


Constitutional Remedies And Writs
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Author : Durga Das Basu
language : en
Publisher:
Release Date : 1994

Constitutional Remedies And Writs written by Durga Das Basu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Civil rights categories.