The Political Question Doctrine and the Supreme Court of the United States

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Nada Mourtada-Sabbah, Bruce E. Cain
Lexington Books, 2007 - 273 páginas
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.

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Introduction
1
The Rise and Fall of the Political Question Doctrine
23
Law and Prudence in the Law of Justiciability The Transformation and Disappearance of the Political Question Doctrine
47
Leaving the Empty Vessel of Republicanism Unfilled An Argument for the Continued Nonjusticiability of Guarantee Clause Cases
75
Two Centuries of Changing Political Questions in Cultural Context
89
A Political Question By Any Other Name Government Strategy in the Enemy Combatant Cases of Hamdi and Padilla
127
Political Questions in France
169
Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine
181
Bush v Gore Too Political?
199
Political Questions and Political Cases The Evolving Justifications for Judicial Involvement in Politics
219
Termination of the ABM Treaty and the Political Question Doctrine Judicial Succor for Presidential Power
231
Political Questions and Political Remedies
243
About the Authors
269
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