Sunday, July 13, 2014

what are standards that determine a "political question"?

Of these standards, the more reliable have been the first three:

 (1) a textually demonstrable constitutional commitment of the issue to a coordinate political department;

(2) the lack of judicially discoverable and manageable standards for resolving it; and

 (3) the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion. These standards are not separate and distinct concepts but are interrelated to each in that the presence of one strengthens the conclusion that the others are also present.
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