Thursday, March 13, 2014

the political question doctrine of justice brennan

Justice William J. Brennan reformulated the political question doctrine, proposing a six-part test for determining which questions were "political" in nature.
Cases which are political in nature are marked by:
1. "Textually demonstrable constitutional commitment of the issue to a coordinate political department;" as an example of this, Brennan cited issues of foreign affairs and executive war powers,arguing that cases involving such matters would be "political questions"

2. "A lack of judicially discoverable and manageable standards for resolving it;"

3. "The impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion;"

4. "The impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government;"

5. "An unusual need for unquestioning adherence to a political decision already made;"

6. "The potentiality of embarrassment from multifarious pronouncements by various departments on one question

(Baker vs.Carr, 396 US 186)

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THIRD DIVISION [ G.R. No. 235658, June 22, 2020 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED-APPELLANT.

  THIRD DIVISION [ G.R. No. 235658, June 22,  2020  ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED...