Remedying a constitutional violation is straightforward except when the violation is structural.

Evidence

State Courts and State Legislatures Once a court has identified a constitutional violation, the court must act to remedy it. In many cases, this is simple. A court may order officials to cease their unconstitutional conduct or award damages to those whose constitutional rights were violated. But in the school finance cases, the remedial task was more complicated. — G. Alan Tarr, Judicial Process and Judicial…, 3305

Categorization

  • DEFINE: Distinguishes remedy types (cessation orders, damages) from the harder structural-reform problem courts face.