Search results
Results from the WOW.Com Content Network
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 Doctrine, Kelsen theory, legality of government and Constitution, legal order Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu, [ 1 ] [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen 's "General Theory on Law and State" [ 2 ] and the Political Question Doctrine were considered in ...
Borden (1849), the Court was asked to decide which of two political factions in Rhode Island was the legitimate government of that state. The justices held that they lacked jurisdiction, ruling that the question of whether a state had a republican form of government was a political question that only Congress had the power to decide. [3]
(4) The case is a judicable question, not exempted by the political question doctrine; the constitutionality of a statute is a question for the courts. The court then presented its affirmative reasoning: (5) When the Constitution provides express procedures, such procedures must be strictly observed.
In West Virginia v. Environmental Protection Agency, major questions regarding our democracy arose between the conservatives and liberals on the Supreme Court.
Luther v. Borden, 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art.
[50] [47] While the political question doctrine of the Supreme Court for non-justiciability was established in Marbury v. Madison (1803), [51] [52] the modern test for whether a controversy constitutes a political question was established in Baker v. Carr (1962) with six criteria:
Pages in category "United States political question doctrine case law" ... Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; ...