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justiciability

This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ... ...

Administrative law

Administrative law   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
223 words
Illustration(s):
1

...may be evaded). Key topics access to information accountability administrative tribunal authority bias delegation discretion division of power error executive power freedom of information ( FOI ) grounds judicial power judicial review justiciability legislative power merits review natural justice non-adjudicative reviews ombudsman policy power prerogative powers procedural fairness regulation responsible government remedy ultra vires...

Dismissal of 1975

Dismissal of 1975   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,132 words
Illustration(s):
1

...standing . Another was the strong judicial tradition of non‐intervention in the parliamentary process , as specifically developed by the High Court in relation to the justiciability of provisions in Chapter I, Part V of the Constitution. In obiter dicta in Osborne v Commonwealth ( 1911 ), the Court had contrasted section 55 with sections 53 and 54, suggesting that section 55 is justiciable, but that sections 53 and 54 are not. One reason for this suggestion is that, if it is infringed, section 55 prescribes a specific legal consequence. Another is that...

Barwick, Garfield Edward John

Barwick, Garfield Edward John (born 22 June 1903)   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,371 words
Illustration(s):
1

...both his advice and the propriety of giving it at the National Press Club the following year and in subsequent writings, maintaining that the issue could never have come before the Court. However, that is questionable; at the least, the question whether an issue is justiciable is itself justiciable. Barwick served as judge ad hoc of the International Court of Justice in the Nuclear Tests Cases ( 1973–74 ), and occasionally sat on the Judicial Committee of the Privy Council (see, for example, Frazer v Walker ( 1966 ). He persuaded the Privy Council to...

Apportionment and Reapportionment

Apportionment and Reapportionment   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,510 words
Illustration(s):
1

...the Supreme Court concluded that it had to reverse course and intervene to protect the design of democratic institutions. In Baker v. Carr , 369 U.S. 186 ( 1962 ), the Court held that malapportionment challenges based on the Fourteenth Amendment's equal protection clause were justiciable. Baker not only overruled Colegrove , it began a revolution in American constitutional law. Within a few years, Baker came to represent a new era of constitutional law, one in which the courts would take a major role in overseeing the ground rules of American democracy....

Jacobs, Kenneth Sydney

Jacobs, Kenneth Sydney (born 5 October 1917)   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,883 words
Illustration(s):
1

...section 57 of the Constitution that would enable the Court to avoid the invidious task of deciding whether the Senate had ‘failed to pass a Bill’; in the Territory Senators Case ( 1975 ), he accepted McTiernan 's earlier view that the section 57 procedures were simply not justiciable . Those procedures include an ‘expression by the people of their preference in the choice of their elected representatives’; and ‘no court in the absence of a clearly conferred power has the right to thwart or interfere with the people's expression of their choice’. His...

McTiernan, Edward Aloysius

McTiernan, Edward Aloysius (born 16 February 1892)   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,889 words
Illustration(s):
1

...to have sat in both cases, and in both of them he held that the Commonwealth scheme under challenge was valid. In Cormack v Cope ( 1974 ) and the PMA Case ( 1975 ), he maintained that the special legislative procedures prescribed by section 57 of the Constitution were not justiciable . At times during these years, his interventions in oral argument were as sharp as ever, though his fine, quavering voice was often difficult for counsel to understand. At other times, especially during a long hearing, he appeared distracted. On one occasion, as Acting Chief...

Japan

Japan   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
18,029 words
Illustration(s):
6

...the Taika Reform Edict of 646 c.e. , the written form generally incorporated foreign influences into what might be characterized as Japanese natural or customary law. However, the use of the term “law” in the pre-Tokugawa and even during the Tokugawa period is problematic. Justiciable law as we know it did not exist. There were no lawyers, courts, or judges and the concept of “rights” in the Western sense was simply unknown. Instead, the emperor governed in a totalitarian manner that reflected the style and governance of the Chinese emperors. The country was...

Courts, United States Federal

Courts, United States Federal   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
6,552 words
Illustration(s):
1

...of at least equal importance: that the wrongful acts of government officials are similarly reviewable in courts. In Marbury the defendant official was James Madison, secretary of state. Marshall did not hesitate to make clear that the claim against Madison was sound and justiciable. In these ways the great chief justice bequeathed to America the priceless legacy of an enforceable constitution and a government under the rule of law in courts. Suits against a State. There has always been a strong feeling that a state ought not to be called to the lower...

African Law, Sub-Saharan

African Law, Sub-Saharan   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
36,117 words
Illustration(s):
11

...common-law and civil-law legal systems of the two parts. Britain had extended the application of the European Convention on Human Rights ( 1950 ) to the African dependencies, but in a seminal innovation in 1959 introduced into the preindependence constitution of Nigeria a justiciable Bill of Rights modeled on the Convention. This then became a standard pattern for later constitutions except in Tanganyika, whose leaders declined such provisions. The right to fair trial expressly prohibited the enforcement of unwritten criminal law: Offenses contrary to...

Constitutional Law

Constitutional Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
20,460 words
Illustration(s):
4

...of a Shariat Federal Court (Part VII, chapter IIIA) with a double function: it is a court of appeal for cases of Hudood, and it has the power to make proposals to bring legislation into conformity with Shariat. In a third symbolic step, the Objectives Resolution was made justiciable. These spectacular measures left intact, however, the larger part of the previous legislation (including personal, financial, and fiscal law), which was kept out of reach of this process of Islamization by a decree of General Zia ul-Haq. There were built-in safeguards in the...

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