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The application of the Political Question Doctrine is at a crucial
crossroads as the Supreme Court continues to test new 'War on
Terrorism' initiatives. Historically, the political question
doctrine has held the courts from resolving constitutional issues
that are better left to other departments of government, as a way
of maintaining the system of checks and balances. However, the
doctrine's many ambiguities have allowed a roughly defined
juxtaposition of the branches of government during previous years
when the Republic was concerned with both international matters and
those within its continental confines. The Political Question
Doctrine and the Supreme Court of the United States discusses the
gradual changes in the parameters of the doctrine, including its
current position dealing with increasingly extraterritorial
concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together
critical essays that examine the broad issues of judicial
involvement in politics and the future of the doctrine. With a wide
range of historical and theoretical perspectives, this book will
stimulate debate among those interested in political science and
legal studies.
The application of the Political Question Doctrine is at a crucial
crossroads as the Supreme Court continues to test new "War on
Terrorism" initiatives. Historically, the political question
doctrine has held the courts from resolving constitutional issues
that are better left to other departments of government, as a way
of maintaining the system of checks and balances. However, the
doctrine's many ambiguities have allowed a roughly defined
juxtaposition of the branches of government during previous years
when the Republic was concerned with both international matters and
those within its continental confines. The Political Question
Doctrine and the Supreme Court of the United States discusses the
gradual changes in the parameters of the doctrine, including its
current position dealing with increasingly extraterritorial
concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together
critical essays that examine the broad issues of judicial
involvement in politics and the future of the doctrine. With a wide
range of historical and theoretical perspectives, this book will
stimulate debate among those interested in political science and
legal studies.
For centuries, the Arabian Gulf has been a crossroads where
seafaring people and Bedouins alike traveled great distances
transacting business. Events of the past few years, both good and
bad, have directed the world's attention to the Arabian Peninsula,
where a rich cultural tradition is rapidly incorporating the latest
innovations from around the world. This is the process of
globalization.
New economies create enormous potential, but it will require great
care for the people of the region to steer through a period of
profound change. Political and economic interests intent on
maintaining the flow of petroleum products on one hand, and people
in the Gulf region who assess their won interests from quite a
different perspective, on the other, exert pressures from
conflicting directions. Reconciling these interests in a time of
rapid globalization poses enormous challenges.
This timely volume, "Globalization and the Gulf" brings together
the work of scholars from both the Middle East and the West who
have the expertise to evaluate the interaction of new ideas, new
technologies and new economies. Brought together by the American
University of Sharjah and the Sociological Association of the UAE,
the contributors reflect on both the process of globalism and on
the traditions of Gulf society and culture, and they offer views on
how these trends interact within the global system.
For centuries, the Arabian Gulf has been a crossroads where
seafaring people and Bedouins alike traveled great distances
transacting business. Events of the past few years, both good and
bad, have directed the world's attention to the Arabian Peninsula,
where a rich cultural tradition is rapidly incorporating the latest
innovations from around the world. This is the process of
globalization.
New economies create enormous potential, but it will require great
care for the people of the region to steer through a period of
profound change. Political and economic interests intent on
maintaining the flow of petroleum products on one hand, and people
in the Gulf region who assess their won interests from quite a
different perspective, on the other, exert pressures from
conflicting directions. Reconciling these interests in a time of
rapid globalization poses enormous challenges.
This timely volume, "Globalization and the Gulf" brings together
the work of scholars from both the Middle East and the West who
have the expertise to evaluate the interaction of new ideas, new
technologies and new economies. Brought together by the American
University of Sharjah and the Sociological Association of the UAE,
the contributors reflect on both the process of globalism and on
the traditions of Gulf society and culture, and they offer views on
how these trends interact within the global system.
It is widely held that foreign affairs, and more particularly
issues of war and peace, lie beyond the scope of judicial scrutiny.
In the recent case of Campbell v. Clinton, Judges Silberman and
Tatel took diametrically opposite positions on the issue. A
concurrence by Judge Silberman contended that war power disputes
may not be decided by federal courts, while Judge Tatel insisted
that the record demonstrates that federal courts have always felt
comfortable and competent to adjudicate a number of war/ power
issues. Resorting to one or more of the various threshold tests at
their disposal, including the political question doctrine, federal
courts may decline adjudication on sensitive and discretionary
matters. To avoid placing their oar in murky waters, the courts, it
is commonly believed, decline to pass on the validity of war/power
issues, thus failing by the same token to perform their role as an
independent check on the political branches. Moreover, when they do
adjudicate such issues, they are said to usually uphold the actions
of the executive branch. A closer scrutiny of case law, however,
reveals the record to be more complex. It is by no means a foregone
conclusion that courts lie back or shy away from war/power
disputes. A number of private citizens and private corporations
have taken war/power issues into the courts and had their disputes
adjudicated, often decided against the President. Lawsuits brought
by Members of Congress, are less likely to succeed. They reveal a
fairly constant and consistent trend on the part of the judiciary:
the courts will perform their traditional constitutional role as a
n independent check if the political branches defend their own
prerogatives. Lawsuits brought by individual members of Congress
are likely to be adjudicated by the courts unless Congress, as an
institution, ahs confronted the President. The focus of this book
is on cases involving presidential and congressional use of
military force in armed conflicts. Several cases dealing with
private parties and insurance companies are included because life
insurance policies may require courts to decide when the nation is
'at war', or when there is an 'act of war', and when the country is
'engaged' in war. The courts have addressed the issue of war in
various contexts and a variety of issues, some more significant
than others, for two centuries. This book summarises this ongoing
judicial record.
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