Political Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs?
(eBook)

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Published
Princeton University Press, 2012.
Format
eBook
Status
Available Online

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Language
English
ISBN
9781400820733

Syndetics Unbound

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APA Citation, 7th Edition (style guide)

Thomas M. Franck., & Thomas M. Franck|AUTHOR. (2012). Political Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? . Princeton University Press.

Chicago / Turabian - Author Date Citation, 17th Edition (style guide)

Thomas M. Franck and Thomas M. Franck|AUTHOR. 2012. Political Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs?. Princeton University Press.

Chicago / Turabian - Humanities (Notes and Bibliography) Citation, 17th Edition (style guide)

Thomas M. Franck and Thomas M. Franck|AUTHOR. Political Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? Princeton University Press, 2012.

MLA Citation, 9th Edition (style guide)

Thomas M. Franck, and Thomas M. Franck|AUTHOR. Political Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? Princeton University Press, 2012.

Note! Citations contain only title, author, edition, publisher, and year published. Citations should be used as a guideline and should be double checked for accuracy. Citation formats are based on standards as of August 2021.

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Grouped Work ID56aeb566-c451-f257-667b-e786795f891c-eng
Full titlepolitical questions judicial answers does the rule of law apply to foreign affairs
Authorfranck thomas m
Grouping Categorybook
Last Update2023-07-30 21:01:40PM
Last Indexed2024-03-27 03:14:49AM

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    [synopsis] => Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
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