Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Edited by Nada Mourtada-Sabbah and Bruce E. Cain - Contributions by David Gray Adler; Pierre Avril; Rachel E. Barkow; Jesse Choper; Erwin Chemerinsky; Louis Fisher; John W. Fox; Richard L. Hasen; Nancy Kassop; Nathaniel Persily; Jonathan R. Siegel and Mar
Inhaltsangabe
Chapter 1 Introduction Chapter 2 The Rise and Fall of the Political Question Doctrine Chapter 3 Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine Chapter 4 Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases Chapter 5 Two Centuries of Changing Political Questions in Cultural Context Chapter 6 A Political Question By Any Other Name: Government Strategy in the Enemy Combatant Cases of Hamdi and Padilla Chapter 7 Political Questions in France Chapter 8 Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine Chapter 9 Bush v. Gore: Too Political? Chapter 10 Political Questions and Political Cases: The Evolving Justifications for Judicial Involvement in Politics Chapter 11 Termination of the ABM Treaty and the Political Question Doctrine: Judicial Succor for Presidential Power Chapter 12 Political Questions and Political Remedies
Chapter 1 Introduction Chapter 2 The Rise and Fall of the Political Question Doctrine Chapter 3 Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine Chapter 4 Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases Chapter 5 Two Centuries of Changing Political Questions in Cultural Context Chapter 6 A Political Question By Any Other Name: Government Strategy in the Enemy Combatant Cases of Hamdi and Padilla Chapter 7 Political Questions in France Chapter 8 Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine Chapter 9 Bush v. Gore: Too Political? Chapter 10 Political Questions and Political Cases: The Evolving Justifications for Judicial Involvement in Politics Chapter 11 Termination of the ABM Treaty and the Political Question Doctrine: Judicial Succor for Presidential Power Chapter 12 Political Questions and Political Remedies
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