The Rule of Law and Administrative Power: Theoretical Foundations and Comparative Perspectives

Catalog description

In the United States, constitutional arguments often serve as the default framework for resolving disputes about public power. Yet the United States also presents itself as a rule-of-law regime. What does that commitment mean, beyond constitutional text and structure? Does it carry independent doctrinal or normative force? This intensive six-session seminar examines the rule of law not as a slogan but as a set of principles that shape and constrain administrative power. Drawing on classic and contemporary theoretical accounts alongside comparative materials from other legal systems, the course explores themes such as legality, generality, and the relationship between discretion and legal constraint. Throughout the course we will place contemporary U.S. case-law—including decisions such as Trump v. United States and Learning Resources, Inc. v. Trump—in conversation with these broader theoretical debates in order to reconsider familiar doctrines and the foundations of public authority.