War powers and the political question doctrine

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Publication Type Journal Article
School or College College of Law
Department Law
Creator Firmage, Edwin B.
Title War powers and the political question doctrine
Date 1977
Description A fundamental and potentially healthy tension exists between democratic government, under which the majority ordinarily prevails, and judicial review, by which the judiciary may check unconstitutional actions of the political branches. A balance must be struck between the two concepts, or one could consume the other. Unchecked majoritarianism could erode not only constitutional protections of individual and minority rights, but also federalism and the constitutional separation of powers. Judicial review without limit would result in the degradation of democratic government and a corresponding rule by judges. "First published by the University of Colorado Law Review, 49 U. Colo. L. Rev. 1 (1977); permission to reprint must be requested from the publisher.
Type Text
Publisher University of Colorado Law Review
Volume 49
Issue 1
First Page 65
Last Page 101
Subject Democratic; Federalism; Judicial
Language eng
Bibliographic Citation Firmage, E. B. (1977). War powers and the political question doctrine. University of Colorado Law Review, 49(1), 65-101.
Rights Management (c)University of Colorado Law Review
Format Medium application/pdf
Format Extent 72,161 bytes
Identifier ir-main,5825
ARK ark:/87278/s6vm4wwd
Setname ir_uspace
Date Created 2012-06-13
Date Modified 2012-06-13
ID 706781
Reference URL https://collections.lib.utah.edu/ark:/87278/s6vm4wwd