ABSTRACT

This chapter considers the work of Justice William O. Douglas, Hans Linde was one of the first to focus on what has become an enduring problem: how to protect constitutional rights in the circumstances of the modern administrative state. In a quarter of a century on the Supreme Court, Mr. Justice Douglas has seen the development of the burgeoning public sector and has met its constitutional problems one by one in cases coming to the Court. During Mr. Justice Douglas's years on the Supreme Court, the substantive meanings of the various constitutional guarantees have been hotly contested. So has the fundamental issue of the role of the courts in enforcing adherence to these guarantees. Constitutional rights against government action in the private sector are the measure of constitutional rights in the public sector when effects rather than devices are seen as the object of constitutional guarantees.