The Rule of Law in the United States: An Unfinished Project of Black Liberation

The American rule of law is a paradigm case of the strong constitutionalism concept of the rule of law, but it has fallen short of its rule of law ambitions due to the problem of race 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. Black liberation movements have played a distinctive role in developing the American rule of law, but the American rule of law is compromised at its frontiers, undermining legal protections Americans enjoy in the interior.

Format: Paperback / softback
Length: 288 pages
Publication date: 15 June 2023
Publisher: Bloomsbury Publishing PLC

The American rule of law is a complex and multifaceted concept that has been the subject of much debate and discussion. At its core, the rule of law is a principle that governs the behavior of individuals and institutions within a society. It ensures that everyone is treated fairly and equally under the law, regardless of their social status, wealth, or political power. The American rule of law is often seen as a paradigm case of the strong constitutionalism concept of the rule of law, which emphasizes the importance of a written constitution and the separation of powers. However, the American rule of law has fallen short of its rule of law ambitions in several ways. One of the main challenges facing the American rule of law is the issue of race. The United States has a long history of racial discrimination and inequality, and the rule of law has been used to perpetuate these practices. Black liberation movements have played a critical role in developing the American rule of law by challenging these practices and advocating for legal equality. However, the American rule of law has also been compromised at its frontiers, particularly in the context of international relations. The United States has a history of using its military power to intervene in other countries, often without regard for the rule of law. This has led to human rights abuses and the violation of international law. In addition, the American rule of law has been challenged by the rise of corporate power and the concentration of wealth. The American legal system has been designed to protect the interests of corporations, and this has led to a lack of accountability and transparency. This has contributed to the growing inequality in the United States and has undermined the rule of law. Despite these challenges, the American rule of law remains a valuable and important concept. It provides a framework for the protection of individual rights and the promotion of social justice. However, it is important to recognize that the American rule of law is not perfect and that it requires constant vigilance and reform. In conclusion, the American rule of law is a complex and multifaceted concept that has been the subject of much debate and discussion. While it is often seen as a paradigm case of the strong constitutionalism concept of the rule of law, it has fallen short of its rule of law ambitions in several ways. Black liberation movements have played a critical role in developing the American rule of law, but the American rule of law has also been compromised at its frontiers and by the rise of corporate power and the concentration of wealth. It is important to recognize that the American rule of law is not perfect and that it requires constant vigilance and reform.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509954667