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Law

The Doctrine of Non-Justiciability in Foreign Policy Cases

Quick fact

In many legal systems, courts refuse to hear cases involving core foreign policy decisions, not because they lack authority, but because the issues are deemed 'non-justiciable'—meaning they are better resolved by the political branches. For instance, the U.S. Supreme Court has long held that challenges to the President's recognition of foreign governments are political questions, not legal ones.

Why this is interesting

What happens when a court is asked to decide whether a country's foreign policy is legal? Sometimes the judge says, 'That's not my business.' Why would a court refuse to rule on such a case?