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State Action Doctrine Of American Constitution

Posted on:2018-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z P ZhaoFull Text:PDF
GTID:2346330515964644Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Arising in the nineteenth century,State Action Doctrine is one important principle of American Constitution.In the beginning,this doctrine held that American Constitution only restricted the activities of the state,not those of private actors,and private actors can not be subject of unconstitutional actions.But form the 1940 s,State Acton Doctrine has experienced critical changes,the Supreme Court of American expands the scope of so-called “state action” through a series of cases.Some private actions would be characterized as state action under certain conditions,thus be restricted by the Constitution.In particular,in the period when State Acton Doctrine arising,the background of aspects in jurisprudence,case and legal texts made it refuse to recognize any possibility that American Constitution could regulate the behavior of individuals;But in the mid twentieth century,whit the development of society the ability and possible of individual to infringe fundamental rights has rose.Under these circumstances,the Supreme Court of American has revised State Action Doctrine,making American Constitution capable of being effective in private legal relations through some methods that finds state action in the sphere of private action.These methods include public function theory,government entanglement theory and object replacement thorty.With regard to the function of State Action Doctrine in the practice of American Constitution,scholars’ viewpoints are different.Conservatives consider the main function of State Action Doctrine as to prevent the government from intervening too much in private areas;Liberals take the function of State Action Doctrine as to regulate the behavior of individuals from the anxiety of violation of fundamental rights by individuals;while other scholars think the function of State Action Doctrine is to protect decisions citizens made in democratic process from interference of the government.Actually,the ltimate purpose of all of these viewpoints is to protect the rights and freedoms of citizens at utmost.
Keywords/Search Tags:Constitution
PDF Full Text Request
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