This one volume looseleaf is a comprehensive resource on the topic of constitutional litigation. It features a full and systematic treatment of the issues that arise at all stages of a proceeding from a practical perspective. Topics considered include:
- The nature and scope of constitutional litigation
- Government action – who was the actor and what was the activity
- Parties – who can bring an action, who is defending it, and who can intervene
- Discovery – cabinet confidence, to access to information legislation, to international relations and or national security interests
- Venue – who can hear the action, courts to tribunals.
- Pleadings and procedure – drafting statements of claim, applications, motions and class actions
- Evidence – the factual record, experts and Brandeis briefs and judicial notice
- Remedies – declaratory relief and reading in or out, to injunctions and damages, to interim remedies and costs
Both practitioners and students alike will find included precedents, such as pleadings, affidavits and facta, useful.
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