Title The collapse of constitutional remedies / Aziz Z. Huq

Published New York, NY : Oxford University Press, [2021]

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Description 1 online resource Series Inalienable rights series Inalienable rights series. Contents Blueprint -- Building -- Remedies -- Collapse -- Remains Summary "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 Bibliography Includes bibliographical references and index Notes Description based on online resource; title from digital title page (viewed on December 03, 2021) Subject 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) United States Form Electronic book LC no. 2021038479 ISBN 0197556825 9780197556849 0197556841 9780197556832 0197556833 9780197556825

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