Who decides what a constitutional remedy is?
Asked by: Edd Predovic II | Last update: February 15, 2026Score: 5/5 (48 votes)
Judges, particularly the U.S. Supreme Court, primarily decide what constitutional remedies are through their interpretation of the Constitution and existing laws, using judicial review to strike down unconstitutional statutes and craft solutions, often favoring methods that minimally disrupt legislative intent while ensuring rights are protected, though the specific mechanisms (like injunctions or damages) are shaped by statutes (like §1983) and evolving judicial standards.
Who decides whether something is constitutional?
Section 2 of Article III gives the Supreme Court judicial power over “all Cases, in Law and Equity, arising under this Constitution”, meaning that the Supreme Court's main job is to decide if laws are constitutional.
What is meant by constitutional remedy?
Constitutional remedies support the protection of fundamental rights and ensure that people whose fundamental rights have been violated can seek relief directly from the Supreme Court or different High Courts of India.
What are the three types of legal remedies?
Understanding legal remedies is crucial for businesses to protect their interests. There are three main types of legal remedies: damages, equitable remedies, and restitution. Choosing the right legal remedy depends on various factors, including the nature of the breach and the desired outcome.
Who is responsible for constitutional Amendments?
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as ...
What are Constitutional Remedies Constitutional Law LLB
Can a president overturn a constitutional amendment?
The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions—no matter what the EOs say.
Can a president bypass the Constitution?
The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch.
What are the five remedies?
Five essential legal remedies for contract breaches
- Compensatory damages. ...
- Liquidated damages. ...
- Specific performance. ...
- Punitive damages. ...
- Nominal damages.
What is the doctrine of remedies?
The election of remedies doctrine is a doctrine of estoppel that provides a party who has two co-existing but inconsistent remedies and elects to pursue one remedy to a conclusion may not sue for the other remedy.
What is the difference between equitable remedy and legal remedy?
While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will usually award equitable remedies when a legal remedy is insufficient or inadequate.
What are the key elements of a constitutional remedy?
The rubric of rights to constitutional remedies encompasses diverse elements, including (1) the jurisdiction of a court to hear a claim, (2) the existence of a cause of action, 3 and (3) the availability of judicial relief.
What is the Article 32 right to constitutional remedies?
Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief.
Can the right to remedies be suspended?
Article I, Section 9, Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Do Republicans or Democrats control the Supreme Court?
The U.S. Supreme Court currently has a 6-3 majority of Republican-appointed justices, making it a conservative-leaning court, a balance solidified by appointments from Presidents George W. Bush, Donald Trump, and a shift after the passing of Justice Ruth Bader Ginsburg, with only three justices appointed by Democrats. This conservative supermajority typically consists of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, while the liberal wing includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
Can a president overturn a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Does the President have more power than the Supreme Court?
no one part of government dominates the other. The Constitution of the United States provides checks and balances among the three branches of the federal government.
What are the three types of remedies?
There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.
What is the choice of remedy?
The doctrine of the election of remedies applies in a situation where two causes of action arise out of the same state of facts and the injured party has the right to pursue either; but the prosecution of the one is inconsistent with the prosecution of the other.
What is the law of remedies?
Remedies are designed to address the harm suffered by a party due to the unlawful actions or omissions of another party. They ensure that justice is served by restoring the injured party to their original position or by providing relief appropriate to the circumstances.
What is the most common legal remedy?
The most common remedies people seek after a breach of contract are damages. After a party breaches the terms and conditions of a business contract, the non-breaching party may be entitled to monetary compensation to cover the harm or losses suffered because of the breach.
Where there is a right, there is a remedy.?
The well-known Latin maxim Ubi jus, ibi remedium – meaning 'where there is a right, there is a remedy', postulates that where law has estab- lished a right there should be a corresponding remedy for its breach. The right to a remedy is one of the fundamental rights historically recognized in all legal systems.
What is the remedies directive?
The Remedies Directives set minimum national review standards to ensure that rapid and effective means of redress are available in all EU countries when an economic operator that has an interest in a public procurement procedure believes that it has been run without proper application of the EU Public Procurement ...
What are three things the President can't do?
A PRESIDENT CANNOT . . .
make laws. declare war. decide how federal money will be spent. interpret laws.
Who is the only president to never issue an executive order?
The only U.S. President who never issued an executive order was William Henry Harrison, the nation's ninth president, because he died after serving only one month in office in 1841, providing insufficient time to issue any. Nearly every other president, from George Washington onward, has used executive orders, though the frequency and significance vary greatly.
Who has the power to override the President?
Congress can override a presidential veto with a two-thirds vote in both the House and Senate, making a bill law without the President's signature, while the Vice President and Cabinet can initiate the process under the 25th Amendment to declare the President unable to serve, and the Supreme Court can declare executive actions unconstitutional, though Congress ultimately controls impeachment.