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- Title
ENABLING RESISTANCE: HOW COURTS FACILITATE DEPARTURES FROM THE LAW, AND WHY THIS MAY NOT BE A BAD THING.
- Authors
Shinar, Adam
- Abstract
The article focuses on constitutional doctrine of the rule of law governing incentivization of public officials departures from the law. Topics discussed an incentive structure designed, maintained and legitimized by courts that enables public officials to resist the law, judicial doctrines such as standing, political question, state secrets that grants public officials discretion to depart from laws, and the U.S Supreme Court's decision in case Olmstead v. United States.
- Subjects
UNITED States; RULE of law; ADMINISTRATIVE discretion (Law); POLITICAL questions &; judicial power; OLMSTEAD v. United States (Supreme Court case); LOCUS standi; OFFICIAL secrets
- Publication
New York University Journal of Legislation & Public Policy, 2014, Vol 17, Issue 4, p989
- ISSN
1094-513X
- Publication type
Article