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The collapse of constitutional remedies / [electronic resource]
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| 자료유형 | E-Book |
|---|---|
| 개인저자 | Huq, Aziz Z., author. |
| 서명/저자사항 | The collapse of constitutional remedies /Aziz Z. Huq.[electronic resource] |
| 발행사항 | New York, NY : Oxford University Press, [2021] |
| 형태사항 | 1 online resource. |
| 총서사항 | Inalienable rights series |
| 소장본 주기 | Added to collection customer.56279.3 |
| ISBN | 0197556825 9780197556849 0197556841 9780197556832 0197556833 9780197556825 |
| 서지주기 | Includes bibliographical references and index. |
| 내용주기 | Blueprint -- Building -- Remedies -- Collapse -- Remains. |
| 요약 | "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"-- |
| 일반주제명 | Constitutional torts -- United States. Government liability -- United States. Remedies (Law) -- United States. Judicial independence -- United States. Political questions and judicial power -- United States. Constitutional torts. Government liability. Judicial independence. Political questions and judicial power. Remedies (Law) |
| 주제명(지명) | United States. -- fast |
| 언어 | 영어 |
| 이판저록 | Online version:Huq, Aziz Z.Collapse of constitutional remediesNew York : Oxford University Press, [2021]9780197556832(DLC) 2021038479 |
| 기타형태 저록 | Print version:01975568179780197556818 |
| 대출바로가기 | https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=3070811 |
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|---|---|---|---|---|---|---|---|---|
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