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The political question doctrine holds that some questions, in their nature, are fundamentally political, and not legal, and if a question is fundamentally political ... then the court will refuse to hear that case. It will claim that it doesn't have jurisdiction. And it will leave that question to some other aspect of the political process to settle out.
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References
- ↑ Avbelj, Matej; Komárek, Jan, eds. (2012). Constitutional Pluralism in the European Union and Beyond. Bloomsbury Publishing. ISBN 978-1-84731-891-6.
- ↑ Bobić, Ana (2017). "Constitutional Pluralism Is Not Dead: An Analysis of Interactions Between Constitutional Courts of Member States and the European Court of Justice". German Law Journal. 18 (6): 1395–1428. doi: 10.1017/S2071832200022380 .
- ↑ Stone Sweet, Alec (2012). "A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe". Global Constitutionalism. 1 (1): 53–90. doi:10.1017/S2045381711000062. S2CID 154605211.
- ↑ Walker, Neil (2002). "The Idea of Constitutional Pluralism". Modern Law Review. 65 (3): 317–359. doi:10.1111/1468-2230.00383. hdl: 1814/179 .
- ↑ Jaklic, Klemen (2013). Constitutional Pluralism in the EU. Oxford University Press. ISBN 978-0-19-100894-8.
- ↑ Avbelj, Matej; Komárek, Jan (2008). "Four Visions of Constitutional Pluralism". European Constitutional Law Review. 4 (3): 524–527. doi:10.1017/S1574019608005245. hdl: 1814/9372 . S2CID 145588740.
- ↑ "Constitutional Pluralism between Normative Theory and Empirical Fact". Verfassungsblog. 23 October 2018. Retrieved 8 December 2020.
- ↑ Kelemen, R. Daniel; Pech, Laurent (2019). "The Uses and Abuses of Constitutional Pluralism: Undermining the Rule of Law in the Name of Constitutional Identity in Hungary and Poland" (PDF). Cambridge Yearbook of European Legal Studies. 21: 59–74. doi:10.1017/cel.2019.11. S2CID 211316174.
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