Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach

Mark Elliott, Jason Varuhas and Shona Wilson Stark (eds), The Unity of Public Law? (Hart Publishing, 2018), pp 327-350

University of Hong Kong Faculty of Law Research Paper No. 050

34 Pages Posted: 30 Aug 2019 Last revised: 13 Oct 2019

See all articles by Johannes M M Chan

Johannes M M Chan

The University of Hong Kong - Faculty of Law

Date Written: January 26, 2018

Abstract

Vindicatory damage is a difficult issue in public law with a strong private law dimension. Canada, New Zealand, South Africa and the United Kingdom have adopted different approaches to this issue. In arguing for a proper place of vindicatory damages in public law, this chapter examined the fundamental roles of public law/private law and refuted the arguments against its award in public law.

Keywords: vindicatory damage, private law and public law

Suggested Citation

Chan, Johannes Man-mun, Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach (January 26, 2018). Mark Elliott, Jason Varuhas and Shona Wilson Stark (eds), The Unity of Public Law? (Hart Publishing, 2018), pp 327-350 , University of Hong Kong Faculty of Law Research Paper No. 050, Available at SSRN: https://ssrn.com/abstract=3443046

Johannes Man-mun Chan (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01292

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
225
Abstract Views
879
Rank
246,478
PlumX Metrics