Google full text of our books:


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

eBook | ISBN: 9781400820733 | Where to buy this ebook

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."

Our eBook editions are available
from these online vendors:

  • Amazon Kindle Store
  • Google Play eBook Store
  • Kno eBook Store
  • Many of our ebooks are available to
    students & scholars through their libraries:

  • Books at JSTOR
  • Dawsonera (UK)
  • DeGruyter Online
  • EBSCO Ebooks
  • Project Muse
  • ProQuest Ebook Central

  • File created: 6/13/2017

    Questions and comments to:
    Princeton University Press

    New Book E-mails
    New In Print
    PUP Blog
    Princeton APPS
    Sample Chapters
    Princeton Legacy Library
    Exam/Desk Copy
    Recent Awards
    Princeton Shorts
    Freshman Reading
    PUP Europe
    About Us
    Contact Us
    PUP Home

    Bookmark and Share 
    Send me emails
    about new books in:
    Political Science And International Relations
    More Choices