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... Celý popis

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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
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Parametry

Rok vydání 2022
Počet stran 240
Výrobce Oxford University Press Inc
Jazyk anglické
Váha 326 gramů