This book is a comparative analysis of the domestic cause of action for breach of constitutional rights giving rise to a monetary remedy. It begins by describing the cause of action in the United States of America, India and New Zealand, from which it extrapolates a generic structure to the cause of action shared by the three jurisdictions.
The relevance of this set of common questions and influences extends beyond those three jurisdictions, leading to a careful assessment of the likely development and shape of the fledgling remedy in the United Kingdom under section 8 of the Human Rights Act 1998. The analytical framework developed is then shown to be relevant as a guide in all jurisdictions in which such a cause of action either exists or may develop in the future. The book will therefore be of interest to scholars and practitioners involved with human rights law throughout the common law world.
