Coverart for item
The Resource Political Questions Judicial Answers : Does the Rule of Law Apply to Foreign Affairs?

Political Questions Judicial Answers : Does the Rule of Law Apply to Foreign Affairs?

Label
Political Questions Judicial Answers : Does the Rule of Law Apply to Foreign Affairs?
Title
Political Questions Judicial Answers
Title remainder
Does the Rule of Law Apply to Foreign Affairs?
Creator
Subject
Language
eng
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."
Member of
Cataloging source
EBLCP
http://library.link/vocab/creatorName
Franck, Thomas M
Dewey number
  • 342.73/044
  • 342.73044
  • 347.30244
Index
no index present
LC call number
KF4651 .F73
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/subjectName
  • Courts
  • Judicial review
  • National security
  • Political questions and judicial power
  • Separation of powers
  • United States
  • LAW
  • Courts
  • Diplomatic relations
  • Judicial review
  • National security
  • Political questions and judicial power
  • Separation of powers
  • United States
Label
Political Questions Judicial Answers : Does the Rule of Law Apply to Foreign Affairs?
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Cover; Title; Copyright; Contents; Acknowledgments; Chapter One: Introduction; Chapter Two: How Abdication Crept into the Judicial Repertory; The Faustian Pact; Double-Entry Bookkeeping; Chapter Three: Two Principled Theories of Constitutionalism; Chapter Four: Prudential Reasons for Judicial Abdication; The Factual Evidence Is Too Difficult; No Applicable Legal Standards; Too Much at Stake; Judges Cannot Compel the Executive; Chapter Five: When Judges Refuse to Abdicate; Security and Foreign-Policy Interests v. Property Rights; Security and Foreign-Policy Interests v. Civil Rights
  • Congressional v. Executive PowersChapter Six: Mandated Adjudication: Act of State and Sovereign Immunity; Act of State; Foreign Sovereign Immunity; Chapter Seven: Abolishing Judicial Abdication: The German Model; German Judges on Whether to Decide; German Judges on How to Decide; Chapter Eight: A Rule of Evidence in Place of the Political-Question Doctrine; Evidentiary Weight; Chapter Nine: The Special Cases: In Camera Proceedings and Declaratory Judgments; The Need to Preserve Secrecy; The Less Confrontational Remedy: Declaratory Judgment
  • Chapter Ten: Conclusions: Does the Rule of Law Stop at the Water's Edge?Notes; Index
Control code
794663579
Dimensions
unknown
Extent
1 online resource (209 pages)
Form of item
online
Isbn
9781400820733
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctt42gcs
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)794663579
Label
Political Questions Judicial Answers : Does the Rule of Law Apply to Foreign Affairs?
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Cover; Title; Copyright; Contents; Acknowledgments; Chapter One: Introduction; Chapter Two: How Abdication Crept into the Judicial Repertory; The Faustian Pact; Double-Entry Bookkeeping; Chapter Three: Two Principled Theories of Constitutionalism; Chapter Four: Prudential Reasons for Judicial Abdication; The Factual Evidence Is Too Difficult; No Applicable Legal Standards; Too Much at Stake; Judges Cannot Compel the Executive; Chapter Five: When Judges Refuse to Abdicate; Security and Foreign-Policy Interests v. Property Rights; Security and Foreign-Policy Interests v. Civil Rights
  • Congressional v. Executive PowersChapter Six: Mandated Adjudication: Act of State and Sovereign Immunity; Act of State; Foreign Sovereign Immunity; Chapter Seven: Abolishing Judicial Abdication: The German Model; German Judges on Whether to Decide; German Judges on How to Decide; Chapter Eight: A Rule of Evidence in Place of the Political-Question Doctrine; Evidentiary Weight; Chapter Nine: The Special Cases: In Camera Proceedings and Declaratory Judgments; The Need to Preserve Secrecy; The Less Confrontational Remedy: Declaratory Judgment
  • Chapter Ten: Conclusions: Does the Rule of Law Stop at the Water's Edge?Notes; Index
Control code
794663579
Dimensions
unknown
Extent
1 online resource (209 pages)
Form of item
online
Isbn
9781400820733
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctt42gcs
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)794663579

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      38.944491 -92.326012
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