Showing posts with label mandamus. Show all posts
Showing posts with label mandamus. Show all posts

Tuesday, 29 April 2014

Values, Rights and Remedies

Here is a radical suggestion from a 1997 essay by Peter Cane: "public law claimants should be free to specify the result they want to achieve by their claim and ask the court to provide an appropriate remedy".

The suggestion seems radical because courts sometimes tend to treat public law remedies as rather inflexible. Things are better than they were when the prerogative writs reigned supreme, but there are two recurring problems. One, at least on the surface, courts tend not to pay much attention to remedies, devoting much less space in their written reasons to remedial questions. Two, courts are sometimes distracted by unnecessarily complex multi-factor tests from the need to right the wrong done to the claimant.