Political Question
Definition of Political Question
Note: See a more comprehensive approach to the Political Question legal concept in the American Law Encyclopedia
An issue that is not justiciable or not appropriate for judicial determination. A political question is one in which the substance of an issue is primarily political or involves a matter directed toward either the legislative or executive branch by constitutional language. The doctrine the Supreme Court has fashioned for political questions emanates from the concept of judicial self-restraint. When a political question exists, the doctrine requires judicial deference to the prerogatives of the other branches. While the scope of the political question category has varied over time, examples of those issues generally accorded political question status include certain foreign policy decisions, determination of whether the form of government in a state is “republican,” governance matters internal to legislative bodies such as determining committee assignments, and proceedings of national party nominating conventions. Until 1962, the Supreme Court justified its refusal to intervene in legislative apportionment issues on political question grounds.
See Also
Judicial Self-Restraint (Law of the United States) Justiciable Issue (Law of the United States).
Resources
Political Question Related Resources
- Political Question in the United States Legal Encyclopedia
- Appellate Judicial Process Keywords in the United States Legal Encyclopedia
- Appellate Process Keywords in the International Legal Dictionary
Notes
- “Political Question”, The American Law Dictionary, 1991, California
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