Constitutional Remedies: A Reference Guide to the United States Constitution

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

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-

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Constitutional Remedies: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword ix
  • Foreword xiii
  • Acknowledgments xv
  • Introduction - Remedies and the Constitution xvii
  • Part I - A History of Constitutional Remedies 1
  • Part II - Constitutional Remedies and Commentary 29
  • Part III - Conclusion 237
  • Bibliographical Essay 241
  • Index 263
  • About the Authors 267
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