This Article explores the development of the political question doctrine in North Carolina jurisprudence. The Article describes the federal origins of the doctrine and charts its adoption in North Carolina, first through the litigation of fundamental rights cases and later in separation of powers matters. The political question doctrine is a prudential doctrine exercised by courts that serves as a bar to relief on matters where the coordinate political branches of government—the executive and legislative—may have primacy. This Article concludes that the doctrine has been narrowed over time in North Carolina, though it may still be utilized in certain instances.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.