Political Issue in the Case Law of the Constitutional Court. She Was, Is and Will Be? Cover Image

Politická otázka v judikatuře Ústavního soudu ČR. Byla, je a bude?
Political Issue in the Case Law of the Constitutional Court. She Was, Is and Will Be?

Author(s): Lenka Píčová
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: case law; constitutional court; czech law; US law;political issues;

Summary/Abstract: This article deals with concept of political question doctrine and justiciability in the highly politicized cases. The main aim of the text is to describe the most usual types of cases, where can be use political question argument as a tool, how to prevent the clash between judiciary and politics. In recent years, Czech Constitutional Court faces to increasing number of cases, which contain politically extremely sensitive agenda, so there are many reasons, why political question doctrine looks like a appropriate solution of this situation. Article tries to compare different views on borders of judicial review. For comparative study were used examples from Czech and US case law of the national supreme courts.

  • Issue Year: 22/2014
  • Issue No: 2
  • Page Range: 174-178
  • Page Count: 5
  • Language: Czech
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