Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

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Who pays for the damages caused by the government attempting to enforce a...

March 14, 2024, 1:13 pm

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution.Say some level of government (state, federal, or local) ignores this...

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Answer by Jen for Who pays for the damages caused by the government...

March 13, 2024, 7:34 am

canadaThis question is currently before the Supreme Court of Canada in an appeal styled Attorney General of Canada v. Joseph Power.The question is when, if ever, a damages award would be available for...

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Answer by ohwilleke for Who pays for the damages caused by the government...

March 14, 2024, 8:22 am

In generalWho pays for the damages caused by the government attempting toenforce a preempted or unconstitutional law?It depends upon the legal theory asserted and the parties involved.Governmental...

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Answer by Dale M for Who pays for the damages caused by the government...

March 14, 2024, 1:13 pm

Everyone bears their own costsaustraliaUnlike many other common-law jurisdictions, the Australian judiciary has never recognised that there is a common-law remedy for invalid administrative action, and...

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Answer by Maxime for Who pays for the damages caused by the government...

March 14, 2024, 3:09 am

In france, the constitutionality of a law can be checked before its promulgation, or after.If it is checked after, and deemed to be unconstitutional, then it is struck down at the date of the...

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