Hi. I would like to know what are the legal remedies in the U.S. to guarantee/protect your rights. In Spain for example they have the "amparo constitucional" that is a judicial special remedy presented before the Constitutional Court (the same exists in Germany, Italy, and in some Latinamerican countries).
I have read that in the U.S. there are injunctions in order to protect ones rights, but they are not exclusively against government acts.
My question ist, if a governmental act violates my rights, how do I restitute them? For example: if the government issues a law that hurts my religious freedom, or a court does not respect my right to a due process? what can I do in these cases?
Thank you very much!
2007-01-23 03:17:08 · 4 answers · asked by Dussygirl 3 in Politics & Government ➔ Law & Ethics
Thank you guys, but actually I am not interested in hiring a lawyer. I am a law student (not american that is why I ask). My question is what can a person do IF their rights are encroached by a gov. act? I know the gov is supposed not to do that. But they DO violate rights now and then, what are the legal remedies? only the writ of habeas corpus and the injunctions? or ther is anything against gov. acts (from any of the 3 branches) like the "amparo" in Spain?
2007-01-23 03:29:23 · update #1
The first thing you obviously have to do if file in your federal district court and you can ask for an injunction at that time. Habeas Corpus doesn't apply since since at this point there is nothing to appeal. Your suit basically asks for interpretation from the judiciary and an injunction could be granted if not doing to so would further erode your rights and you have a substantial chance of prevailing.
2007-01-23 03:42:10 · answer #1 · answered by TJ 2 · 0⤊ 0⤋
In America, the government is able to "violate rights" to a certain extent. Most of the serious concerns of religion, expression, etc. which are documented in our Bill of Right (the first few parts of our Constitution) have had attempts on them to be compromised. But appeal processes (the act of going through various court levels) have illustrated that those basic right cannot be touched at all.
There is a large debate in America now about right to privacy. Since "Right to Privacy" isn't in our Bill of Rights, there are legal proceedings that are currently going on, which are attempting to define what right to privacy really is.
In any case in America, if you feel that your rights have been violated you are allowed to take any issue to court. ANY issue. It will be up to the courts to decide whether your case has any grounds and there are plenty of attorneys who would help in that process. Most of those types of Attorneys are considered Constitutional Law attorneys, although many other types are knowledgeable in that area.
I hope this answers your question.
2007-01-23 03:21:10 · answer #2 · answered by Drew P 4 · 0⤊ 0⤋
I'm not an expert, but you can hire a lawyer who will file a federal lawsuit against the government on your behalf for a violation of your civil rights.
2007-01-23 03:23:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
latino's dominate the legal process in California as we speak !
2007-01-23 03:20:56 · answer #4 · answered by Anonymous · 0⤊ 2⤋