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In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition.
In United States constitutional law, the political question doctrine holds that 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 the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily ...
Political question – the issues raised in the suit are unreviewable because the Constitution relegates it to another branch of government. [12] The Supreme Court prohibits itself from issuing advisory opinions where there is no actual case or controversy before them.(See Muskrat v. United States, 219 U.S. 346 (1911)). [14]
The law was sought to limit such defections in India. In 1985, the Tenth Schedule of the 52nd Amendment to the Constitution of India was passed by the Parliament of India to achieve this, which resulted in the introduction of the new word 'Political Party' in the Constitution of India. Thus, political parties got recognition in the Constitution.
Defection is defined as either voluntarily giving up the membership of his party or disobeying (abstaining or voting against) the directives (political whip) of the party leadership on a vote in legislature. Legislators can change their party without the risk of disqualification to merge with or into another party provided that at least two ...
More broadly, defection involves abandoning a person, cause, or doctrine to which one is bound by some tie, as of allegiance or duty. [ 2 ] [ 3 ] This term is also applied, often pejoratively, to anyone who switches loyalty to another religion , sports team , political party , or other rival faction.
Constitutionalism refers to the principle that the authority of government derives from and is limited by a body of fundamental law, typically embodied in a written constitution. A constitution serves as the supreme law of the land, establishing the structure of government, defining the powers and responsibilities of state institutions, and ...
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...