Vindicatory damage is a difficult issue in public law with a strong private law dimension. Canada, New Zealand, South Africa and the United Kingdom have adopted different approaches to this issue. In arguing for a proper place of vindicatory damages in public law, this chapter examined the fundamental roles of public law/private law and refuted the arguments against its award in public law.
Chan, Johannes Man-mun, Vindicatory Damages for Violation of Constitutional Rights: A Comparative Approach, in Mark Elliott, Jason Varuhas and Shona Wilson Stark (eds), The Unity of Public Law? (Hart Publishing, 2018), pp 327-350.