Description
Book SynopsisHistorically, 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. This book discusses the gradual changes in the parameters of the doctrine.
Table of ContentsChapter 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
