LEADER 00000cam  2200565Mi 4500 
001    979685144 
003    OCoLC 
005    20190927031448.1 
006    m     o  d         
007    cr |n||||||||n 
008    151027s1992    nyua    o     000 0 eng d 
020    9781400820733 
020    1400820731 
024 7  10.1515/9781400820733|2doi 
035    (OCoLC)979685144 
035    De Gruyter Princeton University Press eBook Package 
       Archive 1931-1999 
040    DEGRU|beng|erda|epn|cDEGRU|dOCLCQ|dOCLCO|dOCLCF|dOCLCQ
043    n-us--- 
049    txum 
050  4 KF4651 .F73eb 
072  7 LAW|x060000|2bisacsh 
072  7 LAW060000|2bisacsh 
100 1  Franck, Thomas M.,|eauthor. 
245 10 Political Questions Judicial Answers :|bDoes the Rule of 
       Law Apply to Foreign Affairs? /|cThomas M. Franck. 
250    Course book. 
264  1 Princeton, N.J. :|bPrinceton University Press,|c[1992] 
264  4 |c©1992 
300    1 online resource (212 pages) :|billustrations 
336    text|btxt|2rdacontent 
337    computer|bc|2rdamedia 
338    online resource|bcr|2rdacarrier 
347    text file|bPDF|2rda 
505 00 |tFrontmatter --|tContents --|tAcknowledgments --|tCHAPTER
       ONE. Introduction --|tCHAPTER TWO. How Abdication Crept 
       into the Judicial Repertory --|tCHAPTER THREE. Two 
       Principled Theories of Constitutionalism --|tCHAPTER FOUR.
       Prudential Reasons for Judicial Abdication --|tCHAPTER 
       FIVE. When Judges Refuse to Abdicate --|tCHAPTER SIX. 
       Mandated Adjudication: Act of State and Sovereign Immunity
       --|tCHAPTER SEVEN. Abolishing Judicial Abdication: The 
       German Model --|tCHAPTER EIGHT. A Rule of Evidence in 
       Place of the Political-Question Doctrine --|tCHAPTER NINE.
       The Special Cases: In Camera Proceedings and Declaratory 
       Judgments --|tCHAPTER TEN. Conclusions: Does the Rule of 
       Law Stop at the Water's Edge? --|tNotes --|tIndex. 
506    Available only to authorized UTEP users. 
520    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." 
546    In English. 
588 0  Online resource; title from PDF title page (publisher's 
       Web site, viewed October 27 2015). 
650  0 Courts|zUnited States. 
650  0 Judicial review|zUnited States. 
650  0 Law|vLegal History. 
650  0 National security|xLaw and legislation|zUnited States. 
650  0 National security|xLaw and legislation. 
650  0 Political questions and judicial power|zUnited States. 
650  0 Separation of powers|zUnited States. 
651  7 United States.|2fast|0(OCoLC)fst01204155 
856 40 |uhttp://0-www.degruyter.com.lib.utep.edu/
       openurl?genre=book&isbn=9781400820733|zTo access this 
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