Chapter

The Avoiding Role of National Courts: Law as a Political Doctrine

Sharon Weill

in The Role of National Courts in Applying International Humanitarian Law

Published in print March 2014 | ISBN: 9780199685424
Published online April 2014 | e-ISBN: 9780191765643 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199685424.003.0003
The Avoiding Role of National Courts: Law as a Political Doctrine

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This chapter discusses the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. It first analyses the construction of the act of state and political question doctrines. It then examines the de facto selective application of these doctrines by different courts in the United States, Canada, and Israel.

Keywords: national courts; avoidance doctrines; jurisdiction; United States; Canada; Israel; American law; Canadian law; Israeli law

Chapter.  27445 words. 

Subjects: Public International Law ; Comparative Law

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