scholarly journals Is There a "Political Question" Doctrine?

1976 ◽  
Vol 85 (5) ◽  
pp. 597 ◽  
Author(s):  
Louis Henkin
Keyword(s):  
2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


2021 ◽  
pp. 003232172110184
Author(s):  
Ben Cross

In this article, I aim to bring apocalypticism and radical realism into conversation, with a view to their mutual interest in prefigurative politics. On one hand, radical realists may worry that an apocalyptic approach to prefigurative politics may be marred by wishful thinking. On the other hand, radical realists can (and sometimes do) acknowledge that wishful thinking is sometimes desirable. I argue that an apocalyptic approach to prefigurative politics suggests one way of guarding against the dangers of wishful thinking, while allowing space for its potential benefits; prefigurativists have reason to pay at least some attention to what Bernard Williams calls ‘The First Political Question’. I will argue for this claim with reference to the case of Omar Aziz, a Syrian activist who played a pivotal role in the construction of local councils in the aftermath of the 2011 protests.


1980 ◽  
Vol 74 (1) ◽  
pp. 38-52 ◽  
Author(s):  
Robert A. Kocis

At the root of the conflict between Berlin and his critics is a fundamental disagreement over the possibility of certainty and over the relation of human ends to politics. Gerald MacCallum's formalist critique obscures the political question of whose values a free person is at liberty to pursue. Macpherson's attempt to defend positive liberty as not rationalistic is shown to fail because he (a) conflates liberty with its conditions and (b) assumes a rational pattern to human moral development. And Crick charges Berlin with ignoring politics, understood as active participation in the polis. Finally, Berlin's conception of politics as a form of human interaction aimed at creating the conditions of human dignity in a situation where we sincerely disagree over the ends of life is shown to be an effort to liberate us to live life for our own purposes. Yet Berlin's defense of liberty is problematic because it is too skeptical; to overcome this difficulty, a non-teleological yet developmentalist account of human nature and a weakly hierarchical account of human values is suggested.


2005 ◽  
Vol 48 (2) ◽  
pp. 87-109 ◽  
Author(s):  
Ivor Chipkin

Abstract:This article considers a burgeoning literature on Johannesburg from the perspective of the sorts of questions it asks about the city. There is a substantial and lively literature on questions of poverty and equality, class and race. These studies are strongly informed by the idea that the mechanisms that produce such inequalities are key to understanding the nature of Johannesburg as a city: in terms of how its economy works and how political institutions function, but also in terms of what sort of city Johannesburg is and can be. I consider sociological and economic studies of the inner city that try to account for demographic shifts in the inner city and for processes of social and physical degeneration. I review urban anthropologies of inner-city society, considering in particular new forms of social and economic organization among inner-city residents. Related to these, I discuss debates among scholars about the prospects for governing the city, paying special attention to the consequences for such readings on partnerships. I also discuss an emerging literature, critical of that above, which seeks to shift analysis of the city toward studies of culture and identity. These literatures do not simply approach the city through different disciplinary lenses (sociology or economy or anthropology or cultural studies) . They come to their studies from different normative perspectives. For some, the key political question of the day is one about social and political equality in its various forms. For others, it is about the degree to which Johannesburg (or Africa) is different from or the same as other places in the world. This paper has tried to bring to the fore the political (and not simply policy) consequences of these different views. It concludes not by seeking to reconcile these perspectives, but by suggesting a way of retaining a commitment to equality and justice while not reducing them simply to questions of economy. At stake, I argue, are questions of democratic culture and of sociability.


2018 ◽  
Vol 18 (1) ◽  
pp. 23-45 ◽  
Author(s):  
Han van Wietmarschen

I argue that reliance on political testimony conflicts with two democratic values: the value of mutual justifiability and the value of equality of opportunity for political influence. Reliance on political testimony is characterized by a reliance on the assertions of others directly on a political question the citizen is asked to answer as part of a formal democratic decision procedure. Reliance on expert testimony generally, even in the context of political decision-making, does not similarly conflict with democratic values. As a consequence of the argument, citizens have a pro tanto reason to rely on their own political judgment when determining their vote, and democratic societies have a reason to only ask citizens questions they are able to answer without reliance on political testimony.


2008 ◽  
Vol 4 (3) ◽  
pp. 528-553 ◽  
Author(s):  
Stefan Griller

UN human rights binding on states; binding on UN organs? – Sanctions mechanism as implemented in EU – Kadi and others – Ruling Court of First Instance – Relation between UN law and EC law – Human rights obligations – Exception, political question, etc. – Solange – Monism and dualism – Questions remain


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