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

Vol.22,No.2(2014)

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.

Pages:
174–178
Author biography

Lenka Píčová

Faculty of Law, Masaryk University, Brno

studentka
Metrics

994

Views

419

PDF (Czech) views