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Title
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Liberal Constitutionalism & Bureaucratic Discretion
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Description
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O’Neill, T. J. (1988). Liberal Constitutionalism & Bureaucratic Discretion. Polity, 20(3), 371–393. https://doi.org/10.2307/3234868
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Creator
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O'Neill, Timothy J.
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Date
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2018-02-21
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Date Available
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2018-02-21
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Date Issued
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1988
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Identifier
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O’Neill, T. J. (1988). Liberal Constitutionalism & Bureaucratic Discretion. Polity, 20(3), 371–393. https://doi.org/10.2307/3234868
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uri
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https://collections.southwestern.edu/s/suscholar/item/73
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Abstract
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The "rule of law" is a cardinal tenet of liberal constitutionalism. This article, however, claims that the rule-of-law principle was not central to the republicanism of the American Founders, that it guided neither their design of our constitutional system nor the two centuries of adaptation and accommodation that have modified the letter but not the spirit of this system. The author insists that it is the rule of politics, not the rule of law, that the Framers sought for their Republic and that our politics past and present are consistent with this older understanding of constitutional government.
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Language
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English
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Publisher
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The University of Chicago Press
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Subject
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Liberal constitutionalism
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Rule of politics
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United States -- Politics and government
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American politics
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Bureaucratic government
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Rule of law
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Type
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Article
