Feedback

X
The Rule of Law in the United States

The Rule of Law in the United States

en

0 Ungluers have Faved this Work
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.

This book is included in DOAB.

Why read this book? Have your say.

You must be logged in to comment.

Rights Information

Are you the author or publisher of this work? If so, you can claim it as yours by registering as an Unglue.it rights holder.

Downloads

This work has been downloaded 22 times via unglue.it ebook links.
  1. 22 - pdf (CC BY-NC-ND) at OAPEN Library.

Keywords

  • abolition
  • Administrative law
  • African-Americans
  • America
  • American revolution
  • Black Americans
  • Civil rights
  • Constitutional & administrative law
  • Constitutional Theory
  • Criminal Justice Reform
  • critical race theory
  • Equal Protection
  • Equality
  • Executive Discretion
  • Immigration
  • judicial independence
  • Law
  • Laws of Specific jurisdictions
  • Legal Alienation
  • Liberalism
  • Liberty
  • National security
  • native americans
  • policing
  • Reconstruction
  • Republicanism
  • Slavery

Links

DOI: 10.5040/9781509940028

Editions

edition cover

Share

Copy/paste this into your site: