601:570. COURSE: The Constitution and the Welfare State, (2)
Bosniak. Prerequisite: Constitutional Law
This course considers the constitutional status of the welfare state. “Welfare” in this context refers to those governmental systems designed to protect the health and well-being of the nation's members, especially those in financial need. We ask: Does the constitution prohibit a welfare state? Does it affirmatively guarantee any welfare rights? Does the government have “a duty to rescue?” Are “private” forms of deprivation constitutionally redressable? Where does the line between public and private lie, anyway? What conditions can the government impose on recipients of its public spending? And what are the relative roles of the judiciary and the legislature in deciding constitutional questions in this area? The course will focus principally on American judicial case law and legal theory, but readings will include comparative law materials as well.
Bosniak. Prerequisite: Constitutional Law
This course considers the constitutional status of the welfare state. “Welfare” in this context refers to those governmental systems designed to protect the health and well-being of the nation's members, especially those in financial need. We ask: Does the constitution prohibit a welfare state? Does it affirmatively guarantee any welfare rights? Does the government have “a duty to rescue?” Are “private” forms of deprivation constitutionally redressable? Where does the line between public and private lie, anyway? What conditions can the government impose on recipients of its public spending? And what are the relative roles of the judiciary and the legislature in deciding constitutional questions in this area? The course will focus principally on American judicial case law and legal theory, but readings will include comparative law materials as well.