Thursday, December 18, 2014

Political question doctrine

See - Between independence and subservience





"x x x.

The whole point of the "political question" doctrine is that there are issues which are matters of policy, not law. But the "political question" doctrine has been in effect removed in the 1987 Constitution and in the practice of the court in the past quarter century. Without this doctrine, you remove "separation of powers," an indispensable part of democratic practice. You have an independent Supreme Court, but a dependent Executive and Legislative branch, whose actions are subject to the disapproval of the Court.

x x x."