Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether the injury ought to be accorded constitutional status at all, or instead should be treated as a routine wrong, no different in principle from a traffic accident. If the case warrants constitutional status, the next issue is whether or not suit may be brought against the officer who committed the wrong or his government employer, and so on. On each of these and other issues the authors guide the reader through the complex body of doctrine, the lively case law debates, and the scholarly literature over the appropriate mix of policies and the means by which to achieve them.

Les mer

Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights.

Les mer
Series Foreword by Jack Stark Foreword by Marshall S. Shapo Introduction History of Constitutional Remedies Constitutional Remedies and Commentary Conclusion Bibliographic Essay Index
Explains how redress is obtained for the violation of individuals' constitutional rights.
Combining two complimentary types of constitutional scholarship, each contribution to this series fuses the breadth of vision found in single-authored overviews of constitutional scholarship with the detailed analysis found in law review articles. Every volume is comprised of: BL A brief history of the topic BL Lengthy and sophisticated analysis of the current state of law on that topic BL A bibliographical essay that organizes and evaluates scholarly material in order to facilitate further research BL A table of cases BL Index. Upon completion, the series will consist of 37 books dealing with major topics such as Federalism, Privileges and Immunities, Due Process, Freedom of the Press, Presidential Powers, and State Sovereign Immunity, to mention just a few.
Les mer

Produktdetaljer

ISBN
9780313314490
Publisert
2002-10-30
Utgiver
Vendor
Praeger Publishers Inc
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
296

Biografisk notat

MICHAEL WELLS is J. Alton Hosch Professor at the University of Georgia Law School. He has written a number of articles on constitutional remedies, constitutional law, and federal courts. He is co-author of the casebook Constitutional Torts (1995).

THOMAS A. EATON is J. Alton Hosch Professor at the University of Georgia Law School. Eaton has written numerous articles on constitutional torts and is co-author of the casebook Constitutional Torts (1995).