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  • Keywords: political question doctrine x
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Getting (Foreign Affairs) into Court

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.003.0009
Subject:
Political Science, International Relations and Politics

This chapter begins with areas presenting threshold questions of effectively getting cases into court in the first instance. It notes the emergence of an array of doctrines to shut the courthouse ... More


The Federal Government

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0003
Subject:
Law, Constitutional and Administrative Law

The structure of the federal government of the United States is characterized by a pronounced application of the principle of separation of powers. A discussion of that principle provides a ... More


Law and Politics: The Journey to Bush v. Gore

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0013
Subject:
Law, Legal History, Constitutional and Administrative Law

Bush v. Gore, when it was first decided, was widely criticized by commentators as an unjustifiable intervention by the Supreme Court into the Florida electoral process in the 2000 presidential ... More


Political Questions and Nonjusticiability

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0003
Subject:
Political Science, Comparative Politics

The political-questions doctrine has been held to apply to a number of areas, including foreign policy and controversies over whether a state has a republican form of government. Two areas, however, ... More


A Political Question

Steven G. Calabresi

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0009
Subject:
Political Science, American Politics

This chapter explores the ways in which political efforts to break the “tie vote” in Florida were systematically discredited in the media, while judicial efforts were consistently glorified. It ... More


Judicial Self-reflection and Institutional Awareness

Michaela Hailbronner

in Traditions and Transformations: The Rise of German Constitutionalism

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198735427
eISBN:
9780191799587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735427.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the question of judicial self-restraint and institutional awareness in German constitutional jurisprudence. It argues that while courts in coordinate legal cultures are ... More


Courts and Foreign Affairs

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0001
Subject:
Law, Private International Law, Comparative Law

This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs–related disputes in the United States. These ... More


Suing to Save the War Powers Resolution

Jasmine Farrier

in Constitutional Dysfunction on Trial: Congressional Lawsuits and the Separation of Powers

Published in print:
2019
Published Online:
September 2020
ISBN:
9781501702501
eISBN:
9781501744464
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501702501.003.0003
Subject:
Political Science, American Politics

This chapter explores the consequence of four decades of congressional and judicial restraint that followed the passage of the 1973 War Powers Resolution. The member lawsuits began with four ... More


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