DeTocqueville Was Right: Political Questions End Up in Court

, New York Law Journal


Alexis DeTocqueville's magnus opus in the late 1830s, "Democracy in America," famously remarked that all political questions somehow find their way into the American judicial legal system. He considered that unique characteristic quite remarkable, and his chapters on our judicial review phenomenon pinpointed that aspect of our tripartite branches experiment in governance, contrasted to European systems. Yet, throughout our judicial history, a counter-theme also emerged that disfavored political questions being allowed into the courts.

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