Breach of Constitutional Rights

‘Though not traditionally termed a "tort", breach of constitutional rights is actionable.’

Case Law Authority: Ashby v White (1703) 2 Lord Raym 938; "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it... it is a vain thing to imagine a right without a remedy."

Applicable Maxims:
⁃ “ubi jus ibi remedium” ~ “Where there is a right, there is a remedy”.
⁃ “boni judicis est ampliare jurisdictionem” ~ “It is the duty of a good judge to extend jurisdiction (to protect rights)”.
⁃ “consensus tollit errorem” ~ “Consent removes error”.

1 comment

Mark Gatti
Would this mean ,if our rights to travel freely in the pursuit of commerce and life ,are interrupted for any reason other than a reasonable articulatable suspicion of an actual crime ,the body unduly hindering us ,be he dressed in blue or purple ,does owe us remedy ?