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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 ... ...

Permanent Court of International Justice.

Permanent Court of International Justice.   Reference library

David S. Patterson

The Oxford Companion to United States History

Reference type:
Subject Reference
Current Version:
2004
Subject:
History, Regional and National History
Length:
526 words

...of the League of Nations . Interest in a world court to handle legal issues nonetheless persisted. Article 14 of the Covenant of the League of Nations authorized the League Council to formulate plans for a Permanent Court of International Justice, and Article 13 defined the “justiciable” questions that could be brought before it. The U.S. Senate rejected membership in the league, but Elihu Root ( 1845–1937 ), the most prominent American promoter of a world court, served on the Advisory Committee of Jurists ( 1920 ) that designed the details for the new court...

Law, Public

Law, Public   Reference library

Marie Theres Fögen

The Oxford Dictionary of Byzantium

Reference type:
Subject Reference
Current Version:
2005
Subject:
History, Early history (500 CE to 1500)
Length:
528 words

...period. The lack of such reflection is explicable from the circumstance that the precise demarcation of public law from the entire mass of norms is only considerable when consequences are connected with it, that is, with regard to legislative competence, jurisdiction, justiciability, and the friction of private law and public law. As long as every legal norm drew its legitimacy from the emperor, and he was not restricted with regard to the composition and execution of norms—as was the case in the entire Byz. period—then any division of Byz. law into...

Terra nullius

Terra nullius   Reference library

The Oxford Companion to Australian History

Reference type:
Subject Reference
Current Version:
2003
Subject:
History, Regional and National History
Length:
803 words

...nullius could be considered separately, Reynolds's distinction helps make sense of Murphy's comments. When the High Court ruled in 1992 (the Mabo case ) that ‘native title’ was protected by Australian common law, the judges reiterated that Australian sovereignty was not justiciable. While deploring forceful dispossession, their judgment did not, however, reclassify Australia as a ‘conquered’ colony. Rather, the court reinterpreted the essential prerogatives of Australian sovereignty, denying that it entailed wholesale dispossession. The High Court has not...

law and lawyers

law and lawyers   Reference library

The Oxford Companion to Scottish History

Reference type:
Subject Reference
Current Version:
2007
Subject:
History, Regional and National History
Length:
3,286 words

...when an ever‐increasing flow of directives and regulations has reached every corner of national law, justiciable ultimately in Luxemburg. Britain has also been a member of the Council of Europe since its inception in 1949 . One consequence of this has been the acceptance of the European Convention on Human Rights, and with it the jurisdiction of the European Court of Human Rights at Strasbourg. The Human Rights Act of 1998 makes the Convention justiciable for the first time in the ordinary courts of the land. At the other end of the spectrum, but by no...

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....

International Court of Justice

International Court of Justice   Reference library

Howard N. Meyer

The Oxford Encyclopedia of the Modern World

Reference type:
Subject Reference
Current Version:
2008
Subject:
History, Contemporary History (post 1945)
Length:
2,073 words

...States and the World Court . Garden City, N.Y.: Doubleday, Doran & Company, 1945. Hull, William I. The Two Hague Conferences and Their Contribution to International Law . Boston: Ginn, 1908. McWhinney, Edward . Judicial Settlement of International Disputes: Jurisdiction, Justiciability and Judicial Law-making of the Contemporary International Court . Boston: Nijhoff, 1991. Mead, Lucia Ames . Law or War . Garden City, N.Y.: Doubleday, Doran & Company, Inc., 1928. Meyer, Howard N. The World Court in Action: Judging Among the Nations . Lanham, Md.: Rowman...

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...

Permanent Court of International Justice

Permanent Court of International Justice   Reference library

David S. Patterson

The Oxford Encyclopedia of American Military and Diplomatic History

Reference type:
Subject Reference
Current Version:
2013

...of the League of Nations. Interest in a world court to handle legal issues nonetheless persisted. Article 14 of the Covenant of the League of Nations authorized the League Council to formulate plans for a Permanent Court of International Justice, and Article 13 defined the “justiciable” questions that could be brought before it. The U.S. Senate rejected membership in the league, but Elihu Root ( 1845–1937 ), the most prominent American promoter of a world court, served on the Advisory Committee of Jurists ( 1920 ) that designed the details for the new court...

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