Remedies for Violations of Rights
Availability of Private Remedies Under Domestic Law
Private Enforcement Judicial Review of Legislative and Executive Acts Access to Courts Access to Information Administrative Justice
  South African Constitution §38 (provisions on standing to bring a claim of a violation of Ch. 2, the Bill of Rights).  For an analysis of private enforcement actions heard by the Constitutional Court through 1997, see Langa. §167(5) vests such review in the Constitutional Court.  §172 gives all courts the power of judicial review and specifies how this power may be exercised. §34  (the right to dispute resolution before a court or "another independent and impartial tribunal or forum"). See de Waal et al., at 504-22.  §167(6) establishes direct and indirect private access to the Constitutional Court.  See Dickson, at 542-47. §32 (access to information held either by the state or by any person) §33
French 1958 Constitution There are no explicit provisions, but infringement of constitutional rights may be invoked in the ordinary courts and in the administrative courts. Judicial review is divided between the Conseil d’Etat (executive and administrative acts) and the Conseil Constitutionnel (legislation).  Under Art. 46 and Art. 61, "organic laws" issued under a specific provision of the Constitution are reviewed by the Conseil Constitutionnel automatically.  Under Art. 61, ordinary legislation is reviewed only by request prior to promulgation of the law by the President, Prime Minister, the President of either house of Parliament, or by 60 members of either house.  For analysis see Bell, at 236-39. Art. 66 has been interpreted as establishing access to the ordinary courts, and not merely to administrative tribunals, for alleged violation of personal freedoms. See Bell, at 189-92. (no provisions found) No explicit provision, in the Constitutional sources, but see 1798 Declaration Art. 15 (the right of society to require public agents to account for their acts).
Canadian Charter of Rights and Freedoms §24 (right to "apply to a court of competence jurisdiction" to seek "such remedy as the court considers appropriate and just."), also relevant is §52. See Macklem et al., 247-84. (no explicit provision) (no explicit provision) (no explicit provision) (no explicit provision)
Constitution of Argentina Art. 43, ¶1 (right to rile an action of "amparo" challenging the constitutionality of any governmental act or omission). In a provision added by the 1994 Amendments, Art. 43, ¶1 for the first time authorizes the courts to declare any official governmental act or omission unconstitutional, in the context of an "amparo" action. See Private Enforcement, at left. Art. 43, ¶3 (right to file an "amparo" action to obtain data regarding oneself held by public agencies or private persons, and right to correction of errors in that information). Added by the 1994 Amendments. (no provision)
United States Constitution No explicit provision, but constitutional rights may be invoked by any party in any proceeding provided that the procedural requirements are met including state action, presence of a case or controvery, ripeness, mootness, and standing, and there are no prudential considerations such as the political question doctrine barring judicial review. See Rotunda, §2-13. "[N]either Marshall [in Marbury v. Madison (1803)] nor anyone else has successfully established that judicial review, but no alternative, is consistent with consistent constitutional text and structure…. On this fundamental issue, therefore, the Constitution is indeterminate." Tribe, §3-2; see also §§3-2, 3-3. There is no explicit provision, but due process prohibits a general denial of access to State courts and excessive fees that prevent access to judicial process to secure a fundamental right.  See Rotunda, §17.10. There are no provisions, the law in this field is statutory and regulatory. There are no constitutional provisions.   The right is established primarily by statute, including the federal Administrative Procedure Act of 1946.
Constitution of India Arts. 32, 226 guarantee a remedy for the violation of fundamental rights.  The available writs include writs of habeus corpus, mandamus, prohibition, and quo warranto. See Tope, at 304-25.  Non-fundamental rights including the Art. 300 right to property have no remedy guaranteed by the Constitution. The power of judicial review has been read by the courts as implied in the Art. 13 prohibition of state actions in violation of fundamental rights. See Tope, at 48-52.  The power of judicial review permits the courts to refuse to apply unconstitutional legislation, but not to repeal that legislation. Tope, at 56-58; see also id. at 325-34. See discussion of Art. 32, at left. (no provision) (no provision)
Würzburg Key System See Key 54132 (right of access to Constitutional Court) (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human Rights Art. 8 ("Everyone has right to an effective remedy by the competent national tribunals" for violation of constitutional or other rights) (not applicable) Art. 8 (no provision) (no provision)
Int’l Covenant on Civil and Political Rights ICCPR Art. 2(3) obligates States to ensure that an effective remedy is available. (not applicable) ICCPR Art. 2(3)(b) (no provision) ICCPR Art. 2(3) requires States to ensure, inter alia, effective administrative remedies.

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