For next monday please read Van Horne’s Lessee and Marbury versus
Madison. Pages 77-83. Also have read pages 1-76; we will discuss Van
Horne and Marbury in the class. 1-76 is background material, which you
need, and which we spent this week talking about.
On tuesday we will read Van Gend and Loos, pages 83-93.
Note that we will be going through the book in order. The course follows
the book exactly. If you wish to read ahead please feel free to do so.<
Our course is structured as follows
Federalism (Bund-Land Verhältnis)
Separation of Powers (conflicts between executive, judiciary, legislature)
that is Staatsorganisationsrecht (law of state organization).
And then fundamental rights (Grundrechte).
Methodologically my course is intended to parallel your course this
semester in Staatsorganisationsrecht and next semester in Grundrecht. I
encourage you to think comparatively. German law and U.S. law are
similar here.
Our course is looking at the rise of fundamental rights / human rights as enforceable legal claims under the rule of law.
For a theoretical overview it is the interaction of Aristotle, Locke,
and Kant. For a practical application it is the question of whether and
when and how a legal public law right is enforceable by or on behalf of
private persons.
The course is all in the book. You do need the book, because it contains the cases and materials.
I look forward to seeing you Monday!
Truly,
Eric
my email is eric.engle@yahoo.com
if you are not getting email from me contact me so that i can add you to our email list.