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The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. [1] It was originally available only to the Crown under English law , and reflected the discretionary prerogative and extraordinary power of the monarch.
[27] [28] When the Department of Justice requested that Judge O'Connor narrow relief to the plaintiff states, he declined to do so. [29] Judge Sam R. Cummings of the Northern District of Texas issued a nationwide injunction to prevent the Obama Administration from issuing a rule that would require employers to disclose certain activities with ...
A semi-presidential republic is a government system with power divided between a president as head of state and a prime minister as head of government, used in countries like France, Portugal, and Egypt. The president, elected by the people, symbolizes national unity and foreign policy while the prime minister is appointed by the president or ...
A phrase used by U.S. President James Madison to describe the representative, federal, political system of government constructed by the U.S. Constitution, in particular the partnership between the individual states and the central government, each of which is imbued with certain separate sovereign powers but also acts as a check and balance ...
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A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.