Unit 9: Remedy against Government: Modern Trends and Development
9.1 Judicial Remedy: Judicial Review, Writ Jurisdiction and PIL
The courts’ remedies (Units 2.2.4-and-6.3.3’s machinery applied): the writs’ five (the habeas corpus, mandamus, certiorari, prohibition, quo warranto — Arts 133/144); the review’s outcomes (the quashing; the duty’s enforcement; the declaration; the compensation’s modern growth — the public-law damages); the PIL’s democratisation (the standing’s liberation; the epistolary jurisdiction — the poor’s access; the structural remedies (the monitoring orders — the continuing-mandamus faces)).
9.2 Tortious Liability of Government
The state’s civil answer: the Crown’s old immunity vs the modern liability (the sovereign-vs-non-sovereign functions’ fading line); the vicarious faces (the servants’ wrongs — the police-and-officers’ torts); the Nepali position (the Government’s suability — the procedural machinery; the constitutional compensation (the Art 133 route’s compensation orders — the custodial-death line of the HR course); the tort-course’s depth (LAW5505 U1.7)).
9.3 Injunction Relief
The equitable remedy in the public law: the administrative act’s restraint (the pending-review’s preservation — the interim orders (the stay-and-status-quo faces of the Nepali writ practice)); the negative-and-mandatory injunctions against the administration (the public-interest’s balancing — the irrevocable-harm’s prevention).
9.4 Citizen Charter
The service-citizens’ charter: the administration’s published promises (the services’ standards — the time, the cost, the quality; the officers’ responsibility; the complaint’s route) — the Citizen Charter’s movement (the service-delivery’s accountability instrument; the Nepali practice (the ministries’-and-offices’ charters — the good-governance campaigns’ product)); the charter’s legal force (the persuasive-vs-enforceable debates — the charter as the legitimate-expectation’s source (U2.2.6’s link)).
9.5 Safety of Individual Citizens and Remedies against Official Misconduct
The individual’s protection against the officials’ misconduct: the criminal route (the officials’ offences — the abuse-of-authority-and-corruption (the CIAA-Special Court line); the torture-and-custodial crimes (the Criminal Code’s-and-human-rights faces)); the civil route (the compensation claims — U9.2); the administrative route (the departmental actions — U9.7); the constitutional route (the writs-and-compensation — U9.1).
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