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Then book then explores the philosophy of the rule of law, a major component of which is the idea that government is itself limited by the law and must stay within law's bounds to retain its legitimacy. Particularly in a society like that of the United States, where a formal constitution creates and defines the government, its powers and its limitations, the clash between sovereign immunity and the rule of law is unavoidable. The Constitution has no function other than to define, empower, and limit the government. When the courts invoke sovereign immunity to shield government or its agents from the consequences of violation of constitutional norms, the rule of law and the basic fabric of society suffer.
This book intends to reach constitutional law and federal courts scholars, political scientists, historians, and students of political philosophy.
About: This book explores the inherent conflict between the philosophical concept of the rule of law on one hand and sovereign immunity as it exists in the United States today on the other.
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