The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies
Author :
Publisher : Oxford University Press
Total Pages : 193
Release :
ISBN-10 : 9780197556818
ISBN-13 : 0197556817
Rating : 4/5 (18 Downloads)

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"--


The Collapse of Constitutional Remedies Related Books

The Collapse of Constitutional Remedies
Language: en
Pages: 193
Authors: Aziz Z. Huq
Categories: LAW
Type: BOOK - Published: 2021 - Publisher: Oxford University Press

DOWNLOAD EBOOK

"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 righ
The Collapse of Constitutional Remedies
Language: en
Pages:
Authors: Aziz Z. Huq
Categories: Law
Type: BOOK - Published: 2021-11-05 - Publisher: Oxford University Press

DOWNLOAD EBOOK

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressiv
The Collapse of American Criminal Justice
Language: en
Pages: 425
Authors: William J. Stuntz
Categories: History
Type: BOOK - Published: 2011-09-30 - Publisher: Harvard University Press

DOWNLOAD EBOOK

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; pl
How Rights Went Wrong
Language: en
Pages: 341
Authors: Jamal Greene
Categories: Business & Economics
Type: BOOK - Published: 2021 - Publisher: Mariner Books

DOWNLOAD EBOOK

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
The Invisible Constitution
Language: en
Pages: 372
Authors: Laurence H. Tribe
Categories: Law
Type: BOOK - Published: 2008-09-17 - Publisher: Oxford University Press

DOWNLOAD EBOOK

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that whic