Some confusions about due process, judicial review, and constitutional remedies

Article Abstract:

Substantive due process is based on the principle that government should not act arbitrarily. Because of the doctrine's potentially wide scope, the US Supreme Court has delimited areas of abstention, as in Parratt v Taylor, which held that constitutional rights adequately protected by state law will not be federally reviewed. Furthermore, due process doctrine aims at maintaining an acceptable level of government compliance, rather than a remedy for every violation. Rights to judicial review are based on factors such as the systemic significance of the issue, the interest implicated and the law of remedies.

Analysis, Constitutional torts, Due process of law

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"The rule of law" as a concept in constitutional discourse

Article Abstract:

The rule of law functions in US constitutional law as a set of ideals that are at times competing with one another and at times consistent with one another. While rule-of-law ideals are often cited in support of particular constitutional law arguments, the rule of law has not been analyzed with sufficient theoretical rigor. Four models have developed for identifying the rule of law's operation: historicist, formalist, Legal Process and substantive models. These models fail to fully articulate rule of law principles, but each can be seen as a strand of rule-of-law thought.

Interpretation and construction, Law, Beliefs, opinions and attitudes, Constitutional law, Constitutional interpretation, Legal philosophy, Rule of law

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Applying the suspension clause to immigration cases

Article Abstract:

Gerald L. Neuman's methodology in applying the writ of habeas corpus to immigration cases should be applied even more broadly, and arguments supporting this theory appear anomalous as long as traditional interpretations of the public rights and plenary power doctrines remain unchallenged. This method would deny neither a judicial role in applying constitutional norms to federal immigration powers. Determining the scope of review requires balancing the liberty interests of immigrants with the costs that extensive judicial review would have.

Laws, regulations and rules, Illegal immigrants, Habeas corpus

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