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Political Questions Judicial Answers:
Does the Rule of Law Apply to Foreign Affairs?
Thomas M. Franck

Book Description

TABLE OF CONTENTS:

Acknowledgments
Ch. 1Introduction3
Ch. 2How Abdication Crept into the Judicial Repertory10
The Faustian Pact10
Double-Entry Bookkeeping21
Ch. 3Two Principled Theories of Constitutionalism31
Ch. 4Prudential Reasons for Judicial Abdication45
The Factual Evidence Is Too Difficult46
No Applicable Legal Standards48
Too Much at Stake50
Judges Cannot Compel the Executive58
Ch. 5When Judges Refuse to Abdicate61
Security and Foreign-Policy Interests v. Property Rights63
Security and Foreign-Policy Interests v. Civil Rights76
Congressional v. Executive Powers90
Ch. 6Mandated Adjudication: Act of State and Sovereign Immunity97
Act of State98
Foreign Sovereign Immunity101
Ch. 7Abolishing Judicial Abdication: The German Model107
German Judges on Whether to Decide107
German Judges on How to Decide116
Ch. 8A Rule of Evidence in Place of the Political-Question Doctrine126
Evidentiary Weight129
Ch. 9The Special Cases: In Camera Proceedings and Declaratory Judgments137
The Need to Preserve Secrecy138
The Less Confrontational Remedy: Declaratory Judgment153
Ch. 10Conclusions: Does the Rule of Law Stop at the Water's Edge?156
Notes161
Index193

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File created: 8/26/2014

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