advisory Opinions
‘The [International] Court [of Justice] may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter ...
appellate jurisdiction
The power of a judge to hear appeals from a previous court decision. See feature The Appeals System.
Article III
The story of Article III, the judiciary article of the Constitution, is in many ways the story of American constitutionalism itself. The tale has a beginning but no end, and it is fraught with ...
Baker v. Carr
(USA, 1962)The first of a series of Supreme Court decisions which undermined the custom of manipulating legislative apportionments at state and federal levels for political or racial purposes. ...
Constitutional Interpretation
Constitutional interpretation is both the process by which the American Constitution is construed and the study of that process. The latter is principally an academic activity while the former art ...
constitutional law
One of the eleven core subjects a law student must pass to qualify as a candidate for admission to practise law. See Priestley eleven.Constitutional law is a public law ...
Cormack v Cope
(1974)was a last-minute attempt to prevent the joint sitting of both Houses of the Commonwealth Parliament which followed the double-dissolution election of 1974. Double dissolutions and joint ...
Davis v. Bandemer
478 U.S. 109 (1986), argued 7 Oct. 1985, decided 30 June 1986: for justiciability by vote of 6 to 3, White for the Court, O’Connor, Burger, and Rehnquist in dissent; against merits by vote of 7 to 2, ...
Dismissal of 1975
The events of 11 November 1975, when Governor‐General John Kerr brought the Whitlam era to an end by dismissing Prime Minister Gough Whitlam, left many unresolved questions. Two of them ...
Edward Aloysius McTiernan
(born 16 February 1892; died 9 January 1990; Justice 1930–76),the longest serving Justice (46 years), was the second of three children of Irish immigrants Patrick McTiernan and Isabella Diamond. ...
elections
N.1 The process of choosing by vote a member of a representative body, such as the House of Commons or a local authority. For the House of Commons, a general election involving all UK constituencies ...
Fullilove v. Klutznick
448 U.S. 448 (1980), argued 27 Nov. 1979, decided 2 July 1980 by vote of 6 to 3; Burger for the Court, Marshall, Brennan, and Blackmun concurring, Stewart, Rehnquist, and Stevens in dissent. In the ...
Gomillion v. Lightfoot
364 U.S. 339 (1960), argued 18–19 Oct. 1960, decided 14 Nov. 1960 by vote of 9 to 0; Frankfurter for the Court, Douglas and Whittaker concurring. Black voters charged that an Alabama law, changing ...
Hayburn's Case
2 Dall. (2 U.S.) 409 (1792). Hayburn's Case was an early and ambiguous precedent that raised issues of judicial review and justiciability. In 1792, Congress enacted legislation that required the ...
Hindmarsh Island Bridge Case
(1998).Hindmarsh Island (Kumarangk) is in the Murray River delta in SA. During the 1980s, there was commercial development on the island, and in 1989, construction of a bridge from ...
intervention in Parliamentary process
The jurisdiction of the High Court to grant relief that interferes with the parliamentary process is doubtful. Even if the jurisdiction exists, relief is discretionary and the Court will grant ...
jurisdiction
N.1 The power of a court to hear and decide a case or make a certain order. (For the limits of jurisdiction of individual courts, see entries for those courts.)2 The territorial limits within which ...
Kenneth Sydney Jacobs
(born 5 October 1917; Justice 1974–79),the elder son of Albert Sydney Jacobs and Sarah Grace Aggs, was born on Sydney's north shore at Gordon, then rural bushland. His childhood ...
legal disputes
The precise dichotomy between legal and (semble) political disputes, though it of course is no more than a particular formulation of the doctrine of the inherent limitations of the judicial ...
Legislative Districting
The Constitution requires that congressional representatives be elected on the basis of population, but state legislatures, not bound by the constitutional strictures, have been apportioned according ...
