The Collapse of Constitutional Remedies by Huq, Aziz Z.;

Series: Inalienable Rights;

GET 10% OFF
The discount is only available for 'Alert of Favourite Topics' newsletter recipients.

Publisher's listprice GBP 27.49
The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.

13 133 Ft (12 507 Ft + 5% VAT)
Discount 10% (cc. 1 313 Ft off)
Discounted price 11 819 Ft (11 256 Ft + 5% VAT)

13 133 Ft

Availability

Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
Not in stock at Prospero.

Product details:

Publisher OUP USA
Date of Publication 24 March 2022

ISBN 9780197556818
Binding Hardback
No. of pages192 pages
Size 149x218x21 mm
Weight 331 g
Language English

Short description:

In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.

Long description:

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.

Elegantly written.