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
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
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