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CHAPTER SEVEN. Abolishing Judicial Abdication: The German Model
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Chapters in this book
- Frontmatter i
- Contents vii
- Acknowledgments ix
- CHAPTER ONE. Introduction 1
- CHAPTER TWO. How Abdication Crept into the Judicial Repertory 10
- CHAPTER THREE. Two Principled Theories of Constitutionalism 31
- CHAPTER FOUR. Prudential Reasons for Judicial Abdication 45
- CHAPTER FIVE. When Judges Refuse to Abdicate 61
- CHAPTER SIX. Mandated Adjudication: Act of State and Sovereign Immunity 97
- CHAPTER SEVEN. Abolishing Judicial Abdication: The German Model 107
- CHAPTER EIGHT. A Rule of Evidence in Place of the Political-Question Doctrine 126
- CHAPTER NINE. The Special Cases: In Camera Proceedings and Declaratory Judgments 137
- CHAPTER TEN. Conclusions: Does the Rule of Law Stop at the Water’s Edge? 156
- Notes 161
- Index 193
Chapters in this book
- Frontmatter i
- Contents vii
- Acknowledgments ix
- CHAPTER ONE. Introduction 1
- CHAPTER TWO. How Abdication Crept into the Judicial Repertory 10
- CHAPTER THREE. Two Principled Theories of Constitutionalism 31
- CHAPTER FOUR. Prudential Reasons for Judicial Abdication 45
- CHAPTER FIVE. When Judges Refuse to Abdicate 61
- CHAPTER SIX. Mandated Adjudication: Act of State and Sovereign Immunity 97
- CHAPTER SEVEN. Abolishing Judicial Abdication: The German Model 107
- CHAPTER EIGHT. A Rule of Evidence in Place of the Political-Question Doctrine 126
- CHAPTER NINE. The Special Cases: In Camera Proceedings and Declaratory Judgments 137
- CHAPTER TEN. Conclusions: Does the Rule of Law Stop at the Water’s Edge? 156
- Notes 161
- Index 193