U.S. Law and Justice in an International Context
Instructor: Ken Kennard
Offered: First semester
Course description:
One of the central and most controversial components that make up American society is the interpretation and application of the Law. Since its inception, the United States Constitution incorporating a Bill of Rights (1787) has not only provided the nation-state with the basis for all legislation, but has afforded the citizen stated rights and responsibilities. In other words, this seminal document has defined the power and reach of the government – the executive and the legislative – as well as the freedom and protection of the individual. However, whether through accident or design, the US Constitution was composed in a generalised and often vague manner, hence the US Supreme Court – the ultimate interpreter of the constitution – has established itself as a key element in the developmental process of US society. Consequently, this body has also become the final arbiter in the often complex reconciliation between US Law and Justice.
As the evolving ideas and structures surrounding International Law and Universal Human Rights has developed in response to globalization within the context of continuing American pre-eminence, so the reach and application of US law has become more complex and increasingly contentious. Hence, in this course we look to consider three important issues: How United States society has been molded by its national understanding of Law and Justice; whether the US Constitution remains ‘fit for purpose’ in a more interconnected world; how US law stands in comparison to the European Court of Human Rights and the growing impact of the International Criminal Court.
Hence, we will review the United States' historic domestic interpretation of individual freedom and equality whilst revisiting the issues surrounding abortion, the right to bear arms, free speech and capital punishment. Furthermore, in the age of increased nation-state security we look at the issues surrounding extraordinary rendition, the interpretation of torture, the existence of prisons such as Guantanamo Bay, and legal right of the United States to intervene in the ‘domestic matters’ of other nation-states.
Teaching Method: Lectures and tutorials.
Evaluation: Research Essay (50%), weekly written class synopsis (40%) and class participation (10%)
Course Materials: Books and papers relating to this program will be available from Ghent University's library and/or the Center for American Studies in Brussels. Also, a pre-program reading list will be provided for students in preparation for the course.
Offered: First semester
Course description:
One of the central and most controversial components that make up American society is the interpretation and application of the Law. Since its inception, the United States Constitution incorporating a Bill of Rights (1787) has not only provided the nation-state with the basis for all legislation, but has afforded the citizen stated rights and responsibilities. In other words, this seminal document has defined the power and reach of the government – the executive and the legislative – as well as the freedom and protection of the individual. However, whether through accident or design, the US Constitution was composed in a generalised and often vague manner, hence the US Supreme Court – the ultimate interpreter of the constitution – has established itself as a key element in the developmental process of US society. Consequently, this body has also become the final arbiter in the often complex reconciliation between US Law and Justice.
As the evolving ideas and structures surrounding International Law and Universal Human Rights has developed in response to globalization within the context of continuing American pre-eminence, so the reach and application of US law has become more complex and increasingly contentious. Hence, in this course we look to consider three important issues: How United States society has been molded by its national understanding of Law and Justice; whether the US Constitution remains ‘fit for purpose’ in a more interconnected world; how US law stands in comparison to the European Court of Human Rights and the growing impact of the International Criminal Court.
Hence, we will review the United States' historic domestic interpretation of individual freedom and equality whilst revisiting the issues surrounding abortion, the right to bear arms, free speech and capital punishment. Furthermore, in the age of increased nation-state security we look at the issues surrounding extraordinary rendition, the interpretation of torture, the existence of prisons such as Guantanamo Bay, and legal right of the United States to intervene in the ‘domestic matters’ of other nation-states.
Teaching Method: Lectures and tutorials.
Evaluation: Research Essay (50%), weekly written class synopsis (40%) and class participation (10%)
Course Materials: Books and papers relating to this program will be available from Ghent University's library and/or the Center for American Studies in Brussels. Also, a pre-program reading list will be provided for students in preparation for the course.
