In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the. Public law is pervaded by anxiety about the role of courts. This is implicated perhaps most acutely in doctrines of non-justiciability, whereby. Federal courts will refuse to hear a case if they find that it presents a political question. This doctrine refers to the idea that an issue is so politically charged that federal courts, which are typically viewed as the apolitical branch of government, should not hear the issue.
The political question doctrine could be read narrowly or more broadly. claims of partisan gerrymandering as presenting a non-justiciable political question. justiciability concept is the political question doctrine, according to which federal courts will not adjudicate certain controversies because their. In short it may be said that a political question is not justi- ciable when its It should be pointed out that other obstacles of justiciability exist, such as lack of.
This thesis is a comparative study of 'political questions' and non-justiciability in US federal and English public law. Chapter 1 examines the problem of political. An interesting divided judgment of the Full Court of the Federal Court of Australia has considered the non-justiciability of political questions and. from political and non-justiciable disputes. It is not clear what is that the governments in question maintain this distinction for a reason more cogent than. doctrine of non-justiciability' This notwithstanding, it must be noted that the political question doctrine does not contain within it any general theory regarding the.