Beširević, Violeta (2021) Making Sense of the Political Question Doctrine : The Case of Kosovo. Review of Central and East European law, 46 (1). pp. 91-130. ISSN 1573-0352
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Abstract
Ever since it was announced in Madison v. Marbury, and articulated in Baker v. Carr, the political question doctrine that tends to exclude ‘mega politics’ from judicial check has been a controversial tool of judicial abstention. Not only that it is not universally applied, but it seems also to be losing significance even in countries of its usual influence due to extensive judicialization of ‘mega politics,’ which implies that there is no claim which the courts will not hear. Based on the judicialization of the Kosovo conflict, this paper shows why the doctrine deserves to be revived and even transplanted in jurisdictions outside its usual reach, particularly in disputes regarding real-life unilateral secession.
| Item Type: | Article |
|---|---|
| Additional Information: | COBISS.SR-ID 34331913 |
| Uncontrolled Keywords: | political question doctrine; judicialization of mega politics; right to secession; unilateral secession; constitutional courts; Serbia; Kosovo, Teorija političkog pitanja, Sudstvo, Sudovi, Nadležnost, Politička pitanja, Kosovsko pitanje, Kosovo i Metohija, Pravni aspekt |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 28 Nov 2023 11:49 |
| Last Modified: | 27 Dec 2023 10:25 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/108 |
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