Some believe that recent developments in U.S. politics threaten "the rule of law." This seminar aims to gain a clearer theoretical understanding of the "rule of law" as well as the related concept of democratic governance; and to see how far the twin ideals can be protected in doctrines of US constitutional law. In the theory part, we read seminal works, including Hart's Concept of Law, Fuller's Morality of Law, and Ely's Democracy and Distrust. We then address the doctrine not by a comprehensive treatment, which would be impossible, but rather by a focused discussion of difficult areas - including nondelegation, gerrymandering, judicial independence, corruption, and executive power.
|Course Areas of Practice|
Knowledge and understanding of substantive and procedural law