Political questions: A doctrine about the limitations of judicial power in the United States

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Abstract

All rights reserved. This article is about the Political Questions Doctrine, a doctrine developed by the U.S. Supreme Court as a device to avoid deciding matters deemed of political nature. The interest of this doctrine lies in that it acknowledges a field excluded from judicial power and entrusts it to the political departments of government. Ultimately, this doctrine reflects the twofold character of the Constitution: legal and political. Consequently, the doctrine implies the coexistence of a plurality of constitutional interpreters whereby the Constitution finds its proper voice, legal or political.
Original languageAmerican English
Pages (from-to)231-262
Number of pages32
JournalEstudios Constitucionales
Volume14
Issue number2
DOIs
StatePublished - 1 Jan 2016

Keywords

  • Departmentalism
  • Judicial supremacy
  • Political questions

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