The Supreme Court as a Cheerleader: A Critical Summary

The Supreme Court as a Cheerleader: A Critical Summary

The Supreme Court has resorted on various occasions to the doctrine of the 'political question', ruling out of its jurisdiction 'sensitive political issues', since, unlike Cabinet or Parliament, 'the courts cannot bear political responsibility'. Bradley (1992) mentions that it should be noted that this self-denying stance is highly controversial, with some arguing that the Court should be more proactive when fundamental rights are concerned (Bradley, 1992). In the 1959 Sunakawa decision the Supreme Court used the doctrine of the 'political question' to overturn a judgment ...