The Collapse of Constitutional Remedies

The Constitution's plan for independent courts has failed to protect individuals' constitutional rights, leading to regressive and reactionary barriers to progressive regulation. Aziz Huq's book "The Collapse of Constitutional Remedies" explores this relationship, showing how doctrines such as qualified immunity harm real-world individuals. Federal courts have also been fickle and unreliable guardians of individual rights, highlighting the position that the Framers took when setting up federal courts in the first place.

Format: Hardback
Length: 240 pages
Publication date: 24 March 2022
Publisher: Oxford University Press Inc

The Constitution's plan for independent courts has fallen short in safeguarding individuals' constitutional rights, while simultaneously erecting regressive and reactionary barriers to progressive regulation. Recently, the Supreme Court dismissed an argument by plaintiffs, asserting that police officers should no longer be shielded by the doctrine of qualified immunity when they engage in the shooting or brutalization of innocent civilians. Qualified immunity is just one of several judicial inventions that serve to shield state violence and impede the pursuit of justice. However, it is crucial to question whether courts are truly meant to be the guardians of individual rights.

In his book, "The Collapse of Constitutional Remedies," Aziz Huq delves into the intricate relationship between the Constitution's system of independent courts and the protection of constitutional rights. Huq's research reveals a more complex and nuanced history than what might initially appear. While doctrines such as qualified immunity may seem abstract, their real-world consequences are profound. For instance, a highway patrol officer violently pulls a person out of their car in violation of the Fourth Amendment, resulting in brain damage. In another case, a municipal agency fires an employee for testifying in a legal proceeding involving her boss's family, and then mocks her when she demands her job back. In both situations, state defendants faced minimal or no penalties at all.

Ultimately, while we may possess rights when challenging the state, we lack effective remedies. Federal courts, historically positioned as the ultimate protectors of citizens' rights, have exhibited a fickle and unreliable nature. Throughout the mid-twentieth century, the courts assumed the role of the ultimate guardian of citizens suffering the state's infringement of their rights. However, in recent decades, they have abandoned and even aggressively repudiated this responsibility.

The decline of federal courts as guardians of individual rights is a concerning trend. It undermines the fundamental principles of democracy and the rule of law. When courts fail to uphold the Constitution and protect the rights of individuals, it creates a power vacuum that allows the state to act with impunity. This can lead to the erosion of civil liberties, the suppression of dissent, and the marginalization of vulnerable communities.

To address this issue, there are several steps that can be taken. First and foremost, it is essential to strengthen the independence and accountability of federal courts. This can be achieved through measures such as increasing the number of judges, implementing term limits for judges, and establishing mechanisms for judicial review and accountability. Additionally, Congress can play a crucial role in ensuring that federal courts are properly funded and staffed to carry out their duties effectively.

Furthermore, it is important to prioritize the protection of individual rights in the legal system. This can be achieved through the adoption of progressive legislation and policies that promote equality, justice, and the well-being of all citizens. It is also essential to promote public awareness and education about the Constitution and individual rights, so that citizens can understand their rights and hold the government accountable.

In conclusion, the relationship between the Constitution's system of independent courts and the protection of constitutional rights is complex and multifaceted. While courts have historically played a critical role in safeguarding individual rights, their effectiveness has been declining in recent decades. To address this issue, it is essential to strengthen the independence and accountability of federal courts, prioritize the protection of individual rights in the legal system, and promote public awareness and education about the Constitution and individual rights. By doing so, we can ensure that the Constitution remains a living document that serves as the foundation of a just and democratic society.

Weight: 326g
Dimension: 149 x 218 x 25 (mm)
ISBN-13: 9780197556818