Tuesday, January 29, 2013

Doctrine of Political Questions

Political Question means a question relating to the policy of the state. According to the American concept of Political Question, the question is exclusively and solely within the domain and jurisdiction of the legislative and executive organs of the state. And this has been due to a policy of judicial restraint on part of the US Supreme Court.

Justice William O Douglas of the US Supreme Court said:

"The judiciary plainly has a restricted role. It does not fashion policies. It should not try to occupy the office of the executive, the legislative or the administrative. But the political question should no longer be used as a thicket behind which the judiciary retreats."

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