An exploration of how and why the Constitution's plan for independent
courts has failed to protect individuals' constitutional rights, while
advancing regressive and reactionary barriers to progressive
regulation. Just recently, the Supreme Court rejected an argument by
plaintiffs that police officers should no longer be protected by the
doctrine of "qualified immunity" when they shoot or brutalize an
innocent civilian. "Qualified immunity" is but one of several judicial
inventions that shields state violence and thwarts the vindication of
our rights. But aren't courts supposed to be protectors of individual
rights? As Aziz Huq shows in The Collapse of Constitutional Remedies,
history reveals a much more tangled relationship between the
Constitution's system of independent courts and the protection of
constitutional rights. While doctrines such as "qualified immunity"
may seem abstract, their real-world harms are anything but. A highway
patrol officer stops a person's car in violation of the Fourth
Amendment, violently yanked the person out and threw him to the
ground, causing brain damage. A municipal agency fires a person for
testifying in a legal proceeding involving her boss's family-and then
laughed in her face when she demanded her job back. In all these
cases, state defendants walked away with the most minor of penalties
(if any at all). Ultimately, we may have rights when challenging the
state, but no remedies. In fact, federal courts have long been fickle
and unreliable guardians of individual rights. To be sure, through the
mid-twentieth century, the courts positioned themselves as the
ultimate protector of citizens suffering the state's infringement of
their rights. But they have more recently abandoned, and even
aggressively repudiated, a role as the protector of individual rights
in the face of abuses by the state. Ironically, this collapse
highlights the position that the Framers took when setting up federal
courts in the first place. A powerful historical account of the how
the expansion of the immunity principle generated yawning gap between
rights and remedies in contemporary America, The Collapse of
Constitutional Remedies will reshape our understanding of why it has
become so difficult to effectively challenge crimes committed by the
state.
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Produktdetaljer
ISBN
9780197556832
Publisert
2021
Utgiver
Oxford University Press Academic US
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter