Foreign Affairs and the Political Question Doctrine

1989 ◽  
Vol 83 (4) ◽  
pp. 814-821 ◽  
Author(s):  
Michael J. Glennon
Keyword(s):  
Active Role ◽  
Foreign Affairs ◽  
Recent Case ◽  
The Political ◽  
Congressional Oversight ◽  
The Law ◽  
Compliance With The Law ◽  
Political Question

The unevenness of congressional oversight, the proclivity of executive foreign affairs agencies for violating the law and the traditional responsibility of the courts as the last guardians of the Constitution—all point to the propriety of an active role for the judiciary in ensuring governmental compliance with the law. Specifically, courts should not decline to resolve foreign affairs disputes between Congress and the President because they present “political questions.” The recent case of Lowry v. Reagan illustrates the serious systemic damage wrought by judicial abstention in such disputes.

1 Courts and Foreign Affairs

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Common Law ◽  
Federal Court ◽  
The United States ◽  
Executive Branch ◽  
Foreign Affairs ◽  
The Political ◽  
State Law ◽  
Government Institutions ◽  
The Common ◽  
Political Question

This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs–related disputes in the United States. These doctrines include requirements for federal court jurisdiction, “justiciability” limitations such as the political question doctrine, the Erie doctrine concerning federal court application of state law, and the common law “act of state” doctrine. The chapter also discusses more general interpretive principles such as the Charming Betsy canon of construction and deference to the executive branch. The chapter concludes by briefly describing the constitutional authority of U.S. government institutions other than the courts, including the situations in which state law that concerns foreign affairs will be preempted.

1 Courts, Foreign Affairs, and the Structural Constitution

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Common Law ◽  
Federal Court ◽  
The United States ◽  
Executive Branch ◽  
Foreign Affairs ◽  
The Political ◽  
State Law ◽  
Government Institutions ◽  
The Common ◽  
Political Question

This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs-related disputes in the United States. These doctrines include jurisdictional requirements, “justiciability” limitations such as the political question doctrine, the Erie doctrine concerning federal court application of state law, and the common law “act of state” doctrine. The chapter also discusses more general interpretive principles such as the Charming Betsy canon of construction and deference to the executive branch. The chapter concludes by describing the constitutional authority of U.S. government institutions other than the courts, including the situations in which state law that concerns foreign affairs will be preempted.

Joint Enterprise Liability as Omissions

2016 ◽  
Vol 80 (2) ◽  
pp. 138-148
Author(s):  
Cyrus Chua ◽  
Hin Ting Liu
Keyword(s):  
Active Role ◽  
Fundamental Difference ◽  
Recent Case ◽  
Mens Rea ◽  
Dangerous Situation ◽  
The Law ◽  
Joint Enterprise

This article argues that joint enterprise liability should be conceptualised under the doctrine of omissions as conceived in the recent case of Evans. As such, liability under joint enterprise is to be triggered when one is under a duty to rectify a dangerous situation and eventually fails to prevent a prohibited outcome from occurring. This analysis would overcome the two fundamental difficulties pervading the law on joint enterprise: (i) the overly harsh mens rea requirement as the law of joint enterprise currently stands, and (ii) the sheer arbitrariness of the fundamental difference rule. The authors suggest that in view of legislative inaction, the judiciary should take an active role to extend the reasoning in R v Evans so as to cover joint enterprise cases.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Analysis of the executive discipline of medical and pharmaceutical experts compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances

2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  
Keyword(s):  
Practical Medicine ◽  
Psychotropic Substances ◽  
The Law ◽  
Compliance With The Law ◽  
Narcotic Drugs

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.

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