How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together

29 Pages Posted: 10 Jan 2016 Last revised: 2 Feb 2016

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Date Written: January 8, 2016

Abstract

This Essay explores the purposive and functionalist parallelisms between the Fourth Amendment and the separation of powers. Not only do those two elements of the Constitution share a common ambition, they are also entangled in practical operation. The vindication of Fourth Amendment interests, however defined, depends on institutional differentiation between branches of government. That institutional predicate, however, has eroded over time. In its absence, new questions arise about how Fourth Amendment values are best implemented and whether the their realization is better attained by private rather than state action.

Keywords: Fourth Amendment; privacy; separation of powers

Suggested Citation

Huq, Aziz Z., How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together (January 8, 2016). University of Chicago Law Review, Vol. 83, 2016; U of Chicago, Public Law Working Paper No. 557. Available at SSRN: https://ssrn.com/abstract=2712972

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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