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Constitutional Law

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Constitution

1978

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Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson Jan 1978

Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson

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Legal scholars have generally discussed the political question doctrine as part of the larger debate over the legitimacy of judicial review. Points of discordance aside, scholars have agreed that the doctrine is “a classic technique of judicial avoidance, a way of allowing a governmental decision to stand without involving the Court in supporting its legitimacy.” Thus, debate over the objectives, legitimacy and scope of the doctrine has traditionally proceeded from the unquestioned assumption that there exists a body of law which justifies judicial abstention from deciding some types of issues.

In recent years, however, some scholars have challenged the assumption ...