Political questions/judicial answers : does the rule of law apply to foreign affairs? / Thomas M. Franck.
1992
KF4651 .F73 1992 (Map It)
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Details
Author
Title
Political questions/judicial answers : does the rule of law apply to foreign affairs? / Thomas M. Franck.
Published
Princeton, N.J. : Princeton University Press, 1992.
Call Number
KF4651 .F73 1992
ISBN
0691092419 :
Description
198 pages ; 24 cm
System Control No.
(OCoLC)25246166
Bibliography, etc. Note
Includes bibliographical references (pages 161-191) and index.
Record Appears in
Table of Contents
Acknowledgments
Ch. 1
Introduction
3
Ch. 2
How Abdication Crept into the Judicial Repertory
10
The Faustian Pact
10
Double-Entry Bookkeeping
21
Ch. 3
Two Principled Theories of Constitutionalism
31
Ch. 4
Prudential Reasons for Judicial Abdication
45
The Factual Evidence Is Too Difficult
46
No Applicable Legal Standards
48
Too Much at Stake
50
Judges Cannot Compel the Executive
58
Ch. 5
When Judges Refuse to Abdicate
61
Security and Foreign-Policy Interests v. Property Rights
63
Security and Foreign-Policy Interests v. Civil Rights
76
Congressional v. Executive Powers
90
Ch. 6
Mandated Adjudication: Act of State and Sovereign Immunity
97
Act of State
98
Foreign Sovereign Immunity
101
Ch. 7
Abolishing Judicial Abdication: The German Model
107
German Judges on Whether to Decide
107
German Judges on How to Decide
116
Ch. 8
A Rule of Evidence in Place of the Political-Question Doctrine
126
Evidentiary Weight
129
Ch. 9
The Special Cases: In Camera Proceedings and Declaratory Judgments
137
The Need to Preserve Secrecy
138
The Less Confrontational Remedy: Declaratory Judgment
153
Ch. 10
Conclusions: Does the Rule of Law Stop at the Water's Edge?
156
Notes
161
Index
193