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“[The Rule of Law]” in the US Supreme Court: the Elephant in the Court Room?

Burgess, P; (2016) “[The Rule of Law]” in the US Supreme Court: the Elephant in the Court Room? Hague Journal on the Rule of Law , 8 (2) pp. 421-428. 10.1007/s40803-016-0030-1. Green open access

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Abstract

In this brief note I question, in part, the justification for thinking that the US Supreme Court should – in a recent Opinion – consider the Rule of Law. I further consider whether it did in fact fail to do so. I take an introspective approach to this question and explore the validity of us – Rule of Law-people – taking a Rule of Law-centric view of the world. In this respect, I do not forensically examine the Court’s opinion nor do I question its general accuracy or acceptability. Instead, I consider the omission of any mention of the Rule of Law in terms of both the Court’s presentation of an argument and our consideration – as readers of a journal with a specific Rule of Law-centric focus – of the same. I conclude that, whilst it is possible to identify Rule of Law related issues almost anywhere, and it may be problematic to seek to do so in every instance, there are some places where it is appropriate to do so. The Court’s Opinion was one such place.

Type: Article
Title: “[The Rule of Law]” in the US Supreme Court: the Elephant in the Court Room?
Open access status: An open access version is available from UCL Discovery
DOI: 10.1007/s40803-016-0030-1
Publisher version: https://doi.org/10.1007/s40803-016-0030-1
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Rule of Law, US Supreme Court, Fuller’s desiderata, Bank Markazi v Peterson, Explicit reference
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10075561
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