The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies
Author: Aziz Z. Huq
Publisher: Oxford University Press
Total Pages: 193
Release: 2021
Genre: LAW
ISBN: 0197556817

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"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
Author: Kent Roach
Publisher: Cambridge University Press
Total Pages: 633
Release: 2021-04-08
Genre: Law
ISBN: 1108417876

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

Remedies Under the WTO Legal System

Remedies Under the WTO Legal System
Author: R. Rajesh Babu
Publisher: Martinus Nijhoff Publishers
Total Pages: 518
Release: 2012-07-25
Genre: Business & Economics
ISBN: 9004209026

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The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Constitution Act, 1982

The Constitution Act, 1982
Author: Canada
Publisher:
Total Pages: 0
Release: 1996
Genre: Civil rights
ISBN:

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Remedies in International Human Rights Law

Remedies in International Human Rights Law
Author: Dinah Shelton
Publisher: Oxford University Press, USA
Total Pages: 513
Release: 2015
Genre: Law
ISBN: 0199588821

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Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.

Rights Without a Remedy

Rights Without a Remedy
Author: Christopher Shortell
Publisher:
Total Pages: 570
Release: 2004
Genre: Government liability
ISBN:

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The Lawful Remedy to Tyranny

The Lawful Remedy to Tyranny
Author: Richard Walbaum
Publisher: CreateSpace
Total Pages: 276
Release: 2011-12-26
Genre: Law
ISBN: 9781468069709

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Our nation and Constitution were based upon natural law which secured our unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man. This is affirmed by the Declaration of Independence: “We hold these truths to be self-evident, that all men … are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” This established our nation in a natural law tradition charted by hundreds of authors going back several thousand years, but it has been lost to modern man for about the last hundred. If natural law is the foundation of our legal system, where is it? This book shows that our law was based on the presumption of liberty. Government could pass any law to protect the general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country. One Court explained: “The individual should be granted all the rights consistent with public safety [secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield.” State v. Gravett, 62 NE 325 (1901). We lost our liberties when we lost our resort to the courts. In the 1930s the Supreme Court replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, beyond review by the courts, thereby removing the requirement of necessity, changing our form of government and destroying our liberty by allowing numerous unnecessary laws to become a pestilence upon society. We have several remedies. This book enumerates many of our God-given natural rights retained by the people that cannot be infringed by government, that we can use to populate the Ninth Amendment. We can follow natural law by using Religious Free exercise, and 96 Stat. 1211. Finally, we can waive our statutory rights to the protection of government in order to exercise rights prohibited by government “protecting” us, such as the prohibition of raw milk and the curing of disease. Scholars of natural law agree that laws must not be arbitrary or unreasonable, and they must be based upon “right reason” in accord with mans nature, otherwise they are not laws at all and we have a right and duty to disobey. Learn the art of disobedience, the recommended and lawful remedy to tyranny from our natural law tradition.

The European Court of Human Rights

The European Court of Human Rights
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-04-30
Genre: Law
ISBN: 1839108347

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This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

How Rights Went Wrong

How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
Total Pages: 341
Release: 2021
Genre: Law
ISBN: 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.