Please use this identifier to cite or link to this item: https://gnanaganga.inflibnet.ac.in:8443/jspui/handle/123456789/14821
Title: A Lockean Defense of the Political Question Doctrines Application in War Powers Cases
Authors: Matthew Jordan Cochran
Keywords: Powers controversy
Dispensing
Philosophical
Controversy
Issue Date: 2010
Publisher: Jindal Global Law Review
Abstract: This article offers a Lockean natural law justification for political question doctrine, which in turn provides a clear philosophical perspective on America's war powers controversy, dispensing with constitutional arguments and replacing them with an evaluation of government's actiom according to its political power. In light of Lockean concerm, the ~r Powers Resolution -a perennial point of disagreement between the U.S. Congress and President -is found to be redundant and counter-productive. The true test of legitimacy of a decision regarding war is responsiveness to the will of the people, a standard which also.precludes the judiciary from interfering in such matters. In this way, the political question doctrine cannot be understood as a judicial check on political prerogative but a restatement of necessary abstention.
URI: http://gnanaganga.inflibnet.ac.in:8080/jspui/handle/123456789/14821
Appears in Collections:Articles to be qced

Files in This Item:
File SizeFormat 
A Lockean Defense of the Political.pdf
  Restricted Access
967.11 kBAdobe PDFView/Open Request a copy


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.