| United States. Congress. Senate. Committee on the Judiciary - Judges - 1969 - 128 pages
...department; [2] or a lack of judicially discoverable and manageable standards for resolving it; [3] or the impossibility of deciding' without an initial...policy determination of a kind clearly for nonjudicial dia, cretion; [4] or the impossibility of a court's undertaking independent resolution without expressing... | |
| United States. Congress. Senate. Committee on the Judiciary - Judges - 1969 - 126 pages
...department; [2] or a lack of judicially discoverable and manageable standards for resolving it; [3] or the impossibility of deciding without an initial...policy determination of a kind clearly for nonjudicial dis, cretion; [4] or the impossibility of a court's undertaking independent resolution without expressing... | |
| United States. Congress. Senate. Committee on the Judiciary - Judges - 1969 - 134 pages
...requested. (5) There does not seem to be present, except as it arises out of paragraphs (1) and (4) above, "an unusual need for unquestioning adherence to a political decision already made." This fifth criterion of Baker has no direct relevance here as it would for example to a specific foreign... | |
| Howard Evans Kiefer, Milton Karl Munitz - Philosophy - 1970 - 364 pages
...presence of any of which might make a question political. They include the impossibility of judicial resolution "without expressing lack of the respect due coordinate branches of government" and "an unusual need for unquestioning adherence to a political decision already made".12 These and... | |
| Legislative power - 1971 - 104 pages
...justified as emergency ones needing no declaration, or have gone beyond this bound. In the latter 5 Those factors were "a textually demonstrable constitutional...already made; or the potentiality of embarrassment from multi-farious pronouncements by various departments on one question." 369 US at 217. * See Scharpf,... | |
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