ISSN 0201–7385
ISSN 0130–0113
En Ru
ISSN 0201–7385
ISSN 0130–0113
Redistricting of election map in the United States Separation of Powers Doctrine

Redistricting of election map in the United States Separation of Powers Doctrine

Abstract

This message is devoted to the memory of the respected professor of the Department of Constitutional and Municipal Law August Alekseevich Mishin, his approaches to the study of law. These approaches helped students and colleagues to find key factors in assessing trends in the development of constitutionalism in foreign countries, to find shortcomings and assess the merits. On this basis, a message was made and a legal analysis of the approaches and decisions of the Supreme Court of the state was carried out. The Supreme Court of Wisconsin and the Supreme Court of United States in the case of Johnson v. Wisconsin Elections Commission on changing the map of electoral districts due to the fact that the executive branch presented by the governor from the Democratic Party and the representatives of the state legislature dominated by Republicans could not agree on this issue. Based on the results of the analysis, it is concluded that there are no clear standards for the American courts to conduct a comprehensive analysis of all circumstances due to the pressure exerted by those who form the American doctrine of constitutionalism. Thanks to the scientific report, it is possible to take a closer look at the process of involving the courts in political activities, the place of the court in the system of separation of powers and the conditions for the interaction of the court with other branches of power from the point of view of constitutional law.

References

  1. Cole, J.P. (2014). The Political Question Doctrine: Justiciability and the Separation of Powers. CRS Report Prepared for Members and Committees of Congress, pp. 2–5.
  2. Galperin, M.L. (2020). Politicization of law or legalization of politics? On justiciability and the doctrine of the «political question» on the example of international justice. International justice, 4 (36), pp. 45–58 (in Russ.).
  3. Persily, N. (2005). When Judges Carve Democracies: A Primer on Court-Drawn Redistricting Plans. Washington Law Review.
  4. Shajo, A. (2001). Self-limiting Government: An Introduction to Constitutionalism. Moscow (in Russ.).
PDF, ru

Received: 02/14/2023

Accepted: 04/01/2023

Accepted date: 05/15/2023

Keywords: equal voting rights, discrimination, electoral districts, comprehensive analysis, justice, court

DOI Number: 10.55959/MSU0130-0113-11-64-2-9

Available in the on-line version with: 15.05.2023

To cite this article
Issue 2, 2023