Constitutional Remedies: A Reference Guide to the United States Constitution

By Michael L. Wells; Thomas A. Eaton | Go to book overview
Save to active project

Introduction: Remedies and the Constitution

This introduction addresses three basic issues that relate to the entire field of constitutional remedies and that therefore cannot be treated adequately in discussions of aspects of the doctrine. One of these is the relationship between rights and remedies. We show that one cannot understand constitutional rights without also studying the remedial law. Then we describe the types of constitutional remedies and note the ways in which those remedies may be used to enforce particular rights. Finally, we discuss the general aims of constitutional remedies.


RELATIONS BETWEEN CONSTITUTIONAL RIGHTS AND REMEDIES

Other books in this series examine the entire range of constitutional rights, such as freedom of speech, freedom from unjustified searches, the right to due process and equal protection of the law, and the right against cruel and unusual punishment. The emphasis in those books is on the substantive rules that forbid the state and national governments from arbitrarily discriminating against people, that keep governments from intruding in one way or another on the private lives of individuals, or that limit governmental powers in other ways. This book has a different focus. Although it contains some discussion of substantive rights, it mainly assumes that someone has suffered violation of a constitutional right and turns its attention to the types of relief that may be available to the victim of the violation. The book describes the law of constitutional remedies and, in particular, the use of awards of money damages and injunctions (ordering officers to stop doing something the court has determined is illegal, or ordering them to do something the law requires of them) as means of redressing constitutional violations. In the private law system,

-xvii-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Constitutional Remedies: A Reference Guide to the United States Constitution
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 269

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?