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Selected Works

2013

Constitutional Law

Legal Remedies

Articles 1 - 4 of 4

Full-Text Articles in Entire DC Network

Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam May 2013

Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis Feb 2013

In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis

John F. Preis

If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifi- cally barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments—one based on the historical relationship between law and equity and the other based on separation of powers principles—could …

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Time And Judicial Review: Tempering The Temporal Effects Of Judicial Review, Ittai Bar-Siman-Tov Dec 2012

Time And Judicial Review: Tempering The Temporal Effects Of Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article deals with a predicament inherent in judicial review: Under the traditional view, judicial declarations of unconstitutionality apply retrospectively, meaning that the law is treated as void from its inception — as if it was never enacted. This, however, means nullifying all the legal arrangements, rights, interests, and obligations that were established under its authority, which can have far-reaching ramifications for both public and private interests. The Article explores the Israeli Supreme Court's approach for dealing with potential negative consequences of retrospective voidance of statutes. It focuses on three main remedial strategies for tempering the temporal effects of invalidating …

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Public Law And Public Resources In India, Shubhankar Dam Dec 2012

Public Law And Public Resources In India, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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