The Rise and Fall of the Political Question Doctrine
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Description
At least in areas outside foreign affairs, the political question doctrine appears to be on the verge of dying, if it is not already dead. My aim in this chapter is to offer an account of the doctrine's decline and to explain why this development should concern, not comfort, us. Part I begins this task by tracing the constitutional roots of the political question doctrine and its relationship to a theory of interpretive deference. Part II continues by documenting the beginning of the doctrine's demise and the correlation of that demise with the ascendancy of a theory of judicial review that is one of judicial hegemony. Part III then argues that the diminishment of the doctrine—and, in particular, its classical strain—is troublesome precisely because it fosters this vision of judicial supremacy.
Source Publication
The Political Question Doctrine and the Supreme Court of the United States
Source Editors/Authors
Nada Mourtada-Sabbah, Bruce E. Cain
Publication Date
2007
Recommended Citation
Barkow, Rachel E., "The Rise and Fall of the Political Question Doctrine" (2007). Faculty Chapters. 223.
https://gretchen.law.nyu.edu/fac-chapt/223
