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210804s2021 nyu ob 001 0 eng
▼a 2021038479
▼a 0197556825
▼q electronic book
▼a 9780197556849
▼q electronic book
▼a 0197556841
▼q electronic book
▼a 9780197556832
▼q electronic book
▼a 0197556833
▼q electronic book
▼a 9780197556825
▼q (electronic bk.)
▼z 9780197556818
▼q hardcover
▼z 0197556817
▼q hardcover
▼a 3070811
▼b (N$T)
▼a (OCoLC)1257402066
▼a DLC
▼b eng
▼c DLC
▼d OCLCO
▼d YDX
▼d EBLCP
▼d OCLCF
▼d YDX
▼d N$T
▼d 248023
▼e rda
▼a pcc
▼a n-us---
▼a MAIN
▼a KF1306.C64
▼b H87 2021
▼a 342.7308/8
▼2 23
▼a Huq, Aziz Z.,
▼e author.
▼a The collapse of constitutional remedies /
▼c Aziz Z. Huq.
▼a New York, NY:
▼b Oxford University Press,
▼c [2021].
▼a 1 online resource.
▼a text
▼b txt
▼2 rdacontent
▼a computer
▼b c
▼2 rdamedia
▼a online resource
▼b cr
▼2 rdacarrier
▼a Inalienable rights series
▼a Includes bibliographical references and index.
▼a Blueprint -- Building -- Remedies -- Collapse -- Remains.
▼a "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"--
▼c Provided by publisher.
▼a Description based on online resource; title from digital title page (viewed on December 03, 2021).
▼a Added to collection customer.56279.3
▼a Constitutional torts
▼z United States.
▼a Government liability
▼z United States.
▼a Remedies (Law)
▼z United States.
▼a Judicial independence
▼z United States.
▼a Political questions and judicial power
▼z United States.
▼a Constitutional torts.
▼2 fast
▼0 (OCoLC)fst00875850
▼a Government liability.
▼2 fast
▼0 (OCoLC)fst00945404
▼a Judicial independence.
▼2 fast
▼0 (OCoLC)fst00984681
▼a Political questions and judicial power.
▼2 fast
▼0 (OCoLC)fst01069674
▼a Remedies (Law)
▼2 fast
▼0 (OCoLC)fst01094419
▼a United States.
▼0 (OCoLC)fst01204155
▼2 fast
▼a Electronic books.
▼i Online version:
▼a Huq, Aziz Z.
▼t Collapse of constitutional remedies.
▼d New York : Oxford University Press, [2021]
▼z 9780197556832
▼w (DLC) 2021038479
▼i Print version:,
▼z 0197556817,
▼z 9780197556818
▼w (OCoLC)1241730830
▼a Inalienable rights series.
▼a NA000000
▼b 00000140
▼3 EBSCOhost
▼u https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=3070811
▼a ProQuest Ebook Central
▼b EBLB
▼n EBL6789432
▼a YBP Library Services
▼b YANK
▼n 17683708
▼a YBP Library Services
▼b YANK
▼n 302526940
▼a YBP Library Services
▼b YANK
▼n 17506366
▼a EBSCOhost
▼b EBSC
▼n 3070811
▼a 최영란
▼a eBook
▼a 92
▼b N$T
| 자료유형 : | eBook |
|---|---|
| ISBN : | 0197556825 |
| ISBN : | 9780197556849 |
| ISBN : | 0197556841 |
| ISBN : | 9780197556832 |
| ISBN : | 0197556833 |
| ISBN : | 9780197556825 |
| ISBN : | |
| ISBN : | |
| 개인저자 : | Huq, Aziz Z., author. |
| 서명/저자사항 : | The collapse of constitutional remedies / Aziz Z. Huq. |
| 발행사항 : | New York, NY: Oxford University Press, [2021]. |
| 형태사항 : | 1 online resource. |
| 총서사항 : | Inalienable rights series |
| 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"-- Provided by publisher. |
| 일반주제명 : | Constitutional torts -- United States. -- |
| 일반주제명 : | Government liability -- United States. -- |
| 일반주제명 : | Remedies (Law) -- United States. -- |
| 일반주제명 : | Judicial independence -- United States. -- |
| 일반주제명 : | Political questions and judicial power -- United States. -- |
| 일반주제명 : | Constitutional torts. -- |
| 일반주제명 : | Government liability. -- |
| 일반주제명 : | Judicial independence. -- |
| 일반주제명 : | Political questions and judicial power. -- |
| 일반주제명 : | Remedies (Law) -- |
| 주제명(지명) : | United States. fast |
| 이판저록 : | Online version: Huq, Aziz Z. Collapse of constitutional remedies. New York : Oxford University Press, [2021] 9780197556832 |
| 기타형태 저록 : | Print version:, 0197556817, 9780197556818 |
| 언어 | 영어 |
| URL : |
|---|
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