Draw a conclusion of awarding constitutional damages and potential development of the common law. full page
Awarding constitutional damages can be a powerful tool in ensuring that government entities and officials respect and uphold the constitutional rights of individuals. By providing a remedy in the form of monetary compensation for violations of constitutional rights, it sends a clear message that such violations will not be tolerated and that there are consequences for infringing upon fundamental freedoms.
The potential development of the common law in this area is significant. As more cases are decided in which constitutional damages are awarded, it can create a body of precedent that establishes clear standards and guidelines for when such damages are appropriate and how they should be calculated. This can help to provide clarity and consistency in the application of constitutional law, and ensure that individuals have a meaningful remedy when their rights are violated.
Furthermore, the development of the common law in this area can also serve as a deterrent to government entities and officials from engaging in unconstitutional behavior. Knowing that they may be held liable for constitutional damages can incentivize compliance with the law and encourage a higher standard of conduct.
Overall, awarding constitutional damages and the potential development of the common law in this area can play a crucial role in protecting and upholding individual rights, holding government accountable, and promoting the rule of law. It is an important mechanism for ensuring justice and accountability in our legal system.