The intricacies of the Political Doctrine Question; Its politics, relevance, and applicability in Kenya
by admin on | 2024-12-05 23:09:33
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The Political Question Doctrine is defined by the Black’s Law Dictionary as the principle that a court should refuse to decide an issue involving the discretionary power by the executive or legislative branches of the government.1 The PQD is a leaflet of the concept of Justiciability; according to which, courts should not adjudicate certain controversies because their resolution is more proper within their political Branches justiciability is based on the principle that the Court’s function is to resolve dispute between parties, and not to determine academic questions of law. Justiciability(with non-justiciability on the other side of the coin), connotes the notion of self-restraint; such that, Courts would decline adjudication in instances where the question posed require solutions of a non-judicial nature.The doctrine instructs that courts should for bear from resolving questions which if the courts were to adjudicate on, would require the Judiciary to make policy decisions, exercise its discretion beyond its competency, or encroach on powers The constitution has vested on the Legislature or the Executive arms of the Government.
