Sovereignty, the Rule of Law and Emergency Rule (SC)

Section 1, Spring 20

Schedule Information

Enrollment: 9/13
Credits: 1
Day Date Time Room
  • M
  • T
  • W
  • R
  • M
  • T
  • W
  • R
  • 02/24/2020
  • 02/25/2020
  • 02/26/2020
  • 02/27/2020
  • 03/02/2020
  • 03/03/2020
  • 03/04/2020
  • 03/05/2020
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • 1800-1930
  • SL131

Course Description

The relationship of sovereignty to the rule of law has long puzzled legal theorists. Liberal constitutionalism seems to require both a principle of sovereignty (which might be posed as who gets to make a final decision on a contested matter) and the principle of the rule of law (which implies that all decisions are the result of a pre-existing norm), despite the fact that each concept, if understood in its purest sense, seems to negate the other. Theoretical questions of the relationship of sovereignty to the rule of law, moreover, have become pressing, first, as a consequence of the 9/11 terrorist attacks and the subsequent “global war on terror,” and second, President Trump’s invocation of emergency powers to achieve various policy goals in seeming defiance of Congressional will. This course will give students an opportunity to explore foundational theoretical texts exploring the concepts of sovereignty, the rule of law and emergency rule that will enable to think more systematically about these questions that face all liberal constitutional orders.

Course Requirements

Exam Info:
Midterm Type (if any): None
Description: None

Final Type (if any): None
Description: None

Written Work Product
Written Work Product: Students will be required to submit a 10-page paper via EXPO no later than noon on March 19, 2020.

Other Work

Other Course Details
Prerequisites: None Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: Yes
Course Resources:
Course Notes:

Graduation Requirements

*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

Schedule No.
Law No.
Modified Type
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens: Monday, February 24, 12:01 AM
Evaluation Portal Via LawWeb Closes: Saturday, March 07, 11:59 PM