In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions
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1 décembre 2018
- handle: 10670/1.d9ljlo
info:eu-repo/semantics/openAccess
Mots-clés
Political Questions Constitutional Interpretation Normative Conflicts Defeasibility Judicial SupremacySujets proches
Methods of analysis Analysis and chemistry Analytical methods Chemical analysis Analysis methods Analysis and examinationCiter ce document
Jorge Silva Sampaio, « In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions », e-Pública: Revista Eletrónica de Direito Público, ID : 10670/1.d9ljlo
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From Maimom Schwarzschilds analysis of the political question doctrine and the respective judicial cases description, a metatheoretical question immediately arises to my mind: is there truly a political question doctrine or are judges and scholars just talking about already known phenomena? In my commentary, starting from Henkin and Seidmans analysis and resorting to legal concepts such as discretion and defeasibility, I will try to briefly address this question by assessing if some of the three possibilities arising from the Supreme Court jurisprudence as well as Ely and Bickels ideas can justify an autonomous political question doctrine.