2007. Titre de soutenance: Médiation et modernité, approche communicationnelle de l'institution judiciaire--Texte remanié de : Thèse de doctorat : Sciences de l'information et de la communication : Toulon : , 2007. / Bibliogr. p. 265 - 291.

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This thesis highlights the emergence of a wrongful system conception of rights violations. In the modern welfare state, many constitutional rights violations are not discrete, one-off events but instead result from the combined conditions and dynamics of a state-sponsored system. These rights violations are pervasive and ongoing and are detected not through the existence of malevolent intent, but through an assessment of the outcomes and effects of the system on particular groups of individuals. / This thesis explains why wrongful system rights violations can only be effectively remedied through detailed structural reform programs. It identifies the nature and main features of such programs. It asks whether and what capacity the courts have to sponsor these kinds of programs. / The question of court-sponsored structural reform is approached from an institutional competency perspective that focuses on the courts' remedial capacities. Accordingly, this thesis examines the courts' remedial powers---concentrating on equity---and also the courts' remedial limits. / To examine remedial limits, the courts' dominant remedial framework---corrective justice---is examined. The inability of the corrective remedial framework to ground structural reform remedies is discussed, and the disjuncture between court remedial rhetorical and court remedial practice is highlighted. This thesis argues that a strictly corrective remedial framework is inappropriate in constitutional rights adjudication and advocates the development of a broader remedial framework in this field of adjudication, a framework more suited to the development of structural reform remedies.

Thesis (Ph. D.)--University of Texas at Austin, 2007. / Includes bibliographical references (leaves 222-247). Also available online.

Thesis (B.A.)--Haverford College, Dept. of Political Science, 2009. / Includes bibliographical references.

Thesis (M. Soc. Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 79-84).

Thesis (Ph.D.) -- Clemson University, 2008. / Includes bibliographical references (leaves 87-91). Also available online.

Thesis (Ph. D.)--Boston University, 2004. / Includes bibliographical references (leaves 190-203).

Thesis (M.Soc.Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 79-84) Also available in print.

Thesis (Ph. D.)--University of Texas at Austin, 2007. / Vita. Includes bibliographical references.