Political questions/judicial answers : does the rule of law apply to foreign affairs? / Thomas M. Franck.

Format:

Book

Author/Creator:

Franck, Thomas M.

Language:

English

Subjects (All):

Political questions and judicial power--United States.

Political questions and judicial power.

Judicial review--United States.

Judicial review.

Courts--United States.

Courts.

Separation of powers--United States.

Separation of powers.

National security--Law and legislation--United States.

National security.

United States--Foreign relations.

United States.

Physical Description:

1 online resource (209 p.)

Edition:

Course Book

Place of Publication:

Princeton, N.J. : Princeton University Press, c1992.

Language Note:

English

Summary:

Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."

Contents:

Front matter

Contents

Acknowledgments

CHAPTER ONE. Introduction

CHAPTER TWO. How Abdication Crept into the Judicial Repertory

CHAPTER THREE. Two Principled Theories of Constitutionalism

CHAPTER FOUR. Prudential Reasons for Judicial Abdication

CHAPTER FIVE. When Judges Refuse to Abdicate

CHAPTER SIX. Mandated Adjudication: Act of State and Sovereign Immunity

CHAPTER SEVEN. Abolishing Judicial Abdication: The German Model

CHAPTER EIGHT. A Rule of Evidence in Place of the Political-Question Doctrine

CHAPTER NINE. The Special Cases: In Camera Proceedings and Declaratory Judgments

CHAPTER TEN. Conclusions: Does the Rule of Law Stop at the Water's Edge?

Notes

Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786613852342

9781400802432

1400802431

9781283539890

1283539896

9781400820733

1400820731

9781400811649

1400811643

OCLC:

794663579