The political question doctrine in United States of America

Abstract

This research intends to study and analyze the concept of Political question doctrine, by comparing with act of government Theory. These two concepts, influenced by the separation of powers principles and theory of checks and balances, are intended to limited judicial power to review certain actions of the executive branch.
After the comparative study, the author finds out the similarities between Political question and act of government: the underlying issues are about the relationship between the government and the parliament as well as relationships between the countries, the matters with which Courts will not intervene. However, in the case of Political question doctrine, there is no criteria to indicate clearly the characteristic action. Instead the court shall consider matters involving Political question doctrine on case by case basis. Sometimes the court may decide to intervene and review certain actions that is relevant to the freedom of the people, or which may affect the important constitutional principles.
However, the same outcome resulting from the adoption of the said theories is that: the court as a Constitutional institution must respect the separation of powers principles, the pillar of democratic system, without inappropriate intervention into the relationship between the executive branch and the legislative branch.