Judicial Independence and the Rationing of Constitutional Remedies

Released on by Aziz Z. Huq
preview-18

  • Judicial Independence and the Rationing of Constitutional Remedies Book Detail

  • Author : Aziz Z. Huq
  • Release Date : 2015
  • Publisher :
  • Genre : Constitutional law
  • Pages : 60
  • ISBN 13 :
  • File Size : 63,63 MB
DOWNLOAD BOOK

Judicial Independence and the Rationing of Constitutional Remedies by Aziz Z. Huq PDF Summary

Book Description: This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule - that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article's second claim is that fault-based rationing of constitutional remedies flows, to an underappreciated degree, from a commitment to judicial independence. Federal courts have developed branch-level autonomy, along with distinctly institutional interests, over the twentieth century. These interests are inconsistent with the vindication of many individualized constitutional claims. While ideological preferences and changing socioeconomic conditions have had well-recognized influences on the path of constitutional remedies, I argue that the judiciary's institutional preferences have also played a large role. This causal link between judicial independence and remedial rationing raises questions about federal courts' function in the Separation of Powers.

Disclaimer: www.yourbookbest.com does not own Judicial Independence and the Rationing of Constitutional Remedies books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies

File Size : 70,70 MB
Total View : 7356 Views
DOWNLOAD

"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

Rationing the Constitution

Rationing the Constitution

File Size : 98,98 MB
Total View : 584 Views
DOWNLOAD

The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet star

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies

File Size : 97,97 MB
Total View : 7369 Views
DOWNLOAD

"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