Officers' Rights: Toward a Unified Field Theory of American Constitutional Development

50 Pages Posted: 16 Jan 2001

See all articles by Karen Orren

Karen Orren

University of California, Los Angeles (UCLA) - Department of Political Science

Abstract

The changing rights of legally designated officers provides a comprehensive framework for following American constitutional development over time, in both public and private settings. Legal rights are defined as judicially enforceable claims on the person or actions of another, development as enduring change in constitutional provision, structure, and doctrine. It is proposed that constitutional development as a historical process has consisted in a shift in the balance between the rights of officers and the rights of citizens. The framework is demonstrated empirically in connection with the Bill of Rights, federalism, and the separation of powers. Officers' rights is recommended as a method for studying constitutions comparatively and for linking constitutional development to other political events and phenomena like social movements and parties.

Suggested Citation

Orren, Karen, Officers' Rights: Toward a Unified Field Theory of American Constitutional Development. Available at SSRN: https://ssrn.com/abstract=256002 or http://dx.doi.org/10.2139/ssrn.256002

Karen Orren (Contact Author)

University of California, Los Angeles (UCLA) - Department of Political Science ( email )

405 Hilgard Ave.
Los Angeles, CA 90095-1472
United States

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