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- Political_question abstract "In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and decide a legal question, not a political question. Legal questions are deemed to be justiciable, while political questions are nonjusticiable. One scholar explained:The political question doctrine holds that some questions, in their nature, are fundamentally political, and not legal, and if a question is fundamentally political ... then the court will refuse to hear that case. It will claim that it doesn't have jurisdiction. And it will leave that question to some other aspect of the political process to settle out.A ruling of nonjusticiability will ultimately prohibit the issue that is bringing the case before the court from being able to be heard in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the Court is usually so specific that the constitution gives all power to one of the coordinate political branches, or at the opposite end of the spectrum, the issue presented is so vague that the constitution does not even consider it. A court can only decide issues based on law. The constitution dictates the different legal responsibilities of each respective branch of government. If there is an issue where the court does not have the constitution as a guide, there are no legal criteria to use. When there are no specific constitutional duties involved, the issue is to be decided through the democratic process. The court will not engage in political disputes.A constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress, or the President is a political question, which judges refuse to address.".
- Political_question wikiPageExternalLink 74699.html.
- Political_question wikiPageExternalLink ai_n6142003.
- Political_question wikiPageExternalLink scholar?hl=en&lr=&q=author%3AMourtada-Sabbah+intitle%3AThe+political+question+doctrine%2C+executive+discretion%2C+and+foreign+affairs&as_publication=White+House+Studies&as_ylo=2003&as_yhi=2003&btnG=Search.
- Political_question wikiPageExternalLink 11_TXT.htm.
- Political_question wikiPageExternalLink Article%202%20-%20By%20MAJ%20Chad%20C.%20Carter.pdf.
- Political_question wikiPageID "24740".
- Political_question wikiPageRevisionID "600410874".
- Political_question hasPhotoCollection Political_question.
- Political_question subject Category:Civil_procedure.
- Political_question subject Category:Legal_doctrines_and_principles.
- Political_question subject Category:United_States_political_question_doctrine_case_law.
- Political_question type Abstraction100002137.
- Political_question type Belief105941423.
- Political_question type Cognition100023271.
- Political_question type Content105809192.
- Political_question type Doctrine105943300.
- Political_question type LegalDoctrinesAndPrinciples.
- Political_question type PsychologicalFeature100023100.
- Political_question comment "In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and decide a legal question, not a political question. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.".
- Political_question label "Acte de gouvernement en droit français".
- Political_question label "Political question".
- Political_question label "統治行為論".
- Political_question sameAs Acte_de_gouvernement_en_droit_français.
- Political_question sameAs 統治行為論.
- Political_question sameAs 통치행위.
- Political_question sameAs m.065wd.
- Political_question sameAs Q2823570.
- Political_question sameAs Q2823570.
- Political_question sameAs Political_question.
- Political_question wasDerivedFrom Political_question?oldid=600410874.
- Political_question isPrimaryTopicOf Political_question.