In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions
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.
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Instituto de Ciências Jurídico-Políticas (Faculdade de Direito da Universidade de Lisboa)
2018
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oai:scielo:S2183-184X20180003000092019-07-23In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questionsSampaio,Jorge Silva Political Questions Constitutional Interpretation Normative Conflicts Defeasibility Judicial Supremacy 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.info:eu-repo/semantics/openAccessInstituto de Ciências Jurídico-Políticas (Faculdade de Direito da Universidade de Lisboa)e-Pública: Revista Eletrónica de Direito Público v.5 n.3 20182018-12-01info:eu-repo/semantics/articletext/htmlhttp://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2018000300009en |
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Sampaio,Jorge Silva In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
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| title |
In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
| title_short |
In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
| title_full |
In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
| title_fullStr |
In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
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In search of lost political question doctrine: A Comment on Maimom Schwarzschilds paper on political questions |
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in search of lost political question doctrine: a comment on maimom schwarzschilds paper on political questions |
| description |
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. |
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Instituto de Ciências Jurídico-Políticas (Faculdade de Direito da Universidade de Lisboa) |
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2018 |
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http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2018000300009 |
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