Political Questions/Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? (book reviews)

In a book remarkable for its compactness, Franck criticizes the U.S. courts abdicating their constitutional role in cases involving foreign affairs. Federal courts frequently announce that disputes over war powers and foreign relations are "political questions" to be left to the elected branches. Franck faults the courts on historical and constitutional grounds, pointing for guidance to the more activist orientation of the German Constitutional Court.

Franck is at his strongest in explaining how "abdication crept into the judicial repertory." The ...

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