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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 ... ...

Justiciability

Justiciability   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
246 words

... Article III , section 2 of the Constitution defines the categories of federal jurisdiction in terms of cases and controversies . This has led the Supreme Court to hold that federal courts may take jurisdiction only of “justiciable” disputes, that is, those “appropriate for judicial determination” ( Aetna Life Insurance Co. v. Haworth , 1937 , p. 240). In Aetna , Chief Justice Charles Evans Hughes distinguished justiciable controversies from those merely hypothetical or moot. He stressed that there must be “a real and substantial...

justiciability

justiciability   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
292 words

...by adjudication. The distinction between ‘legal’ and ‘political’ disputes, or ‘justiciable’ and ‘non-justiciable’ disputes, finds recognition and application in a number of treaties. Thus, e.g., the arbitration treaty between the United Kingdom and France of 1903 , renewed in 1923 ( 20 L.N.T.S. 185 ), excluded disputes which affect ‘the vital interests, the independence, or the honour of the two contracting parties’. Art. 36(2) of the I.C.J. Statute restricts the application of declarations under the Optional Clause to specified categories of...

Justiciability

Justiciability   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,775 words

...second sense of justiciability—whether an issue is considered to be appropriate and fit for judicial determination—the issue may be non-justiciable because it is thought to be peculiarly political and better fitted for determination by the non-judicial agencies of government. Alternatively, it might be thought that the consequences of legal invalidity would produce an unacceptable degree of uncertainty about the existence of constitutional authority in a community. Whatever the precise reason, the issues posed by the notion of justiciability highlight the need...

justiciability

justiciability   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
141 words

...justiciability A justiciable matter is one that is appropriate for judicial determination; is within a court’s jurisdiction to entertain; is capable of being granted appropriate relief; and (in the case of administrative actions) is capable of or susceptible to judicial review . Justiciability is closely associated with the exercise of judicial power by courts as the sole concern of the judicial branch of government. However, it can be difficult to distinguish between ‘judicial’ and ‘non-judicial’, and the High Court has not dealt with the question...

justiciability

justiciability  

Reference type:
Overview Page
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 ...
Ripeness and Immediacy

Ripeness and Immediacy  

Reference type:
Overview Page
Subject:
Law
A family of jurisdictional problems lumped together under the category of justiciability raise the question whether the challenged litigation can be resolved by federal courts, which are limited to ...
reviewable decision

reviewable decision  

Reference type:
Overview Page
Subject:
Law
An administrative decision that may lawfully be reviewed. In merits review, a reviewable decision is one that satisfies the relevant legislative criteria for review by the relevant review body, such ...
Hayburn's Case

Hayburn's Case  

Reference type:
Overview Page
Subject:
Law
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 ...
Davis v. Bandemer

Davis v. Bandemer  

Reference type:
Overview Page
Subject:
Law
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, ...
Hindmarsh Island Bridge Case

Hindmarsh Island Bridge Case  

Reference type:
Overview Page
Subject:
Law
(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 ...
Legislative Districting

Legislative Districting  

Reference type:
Overview Page
Subject:
Law
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 ...
Legislative Standing

Legislative Standing  

Reference type:
Overview Page
Subject:
Law
Is a subset of standing doctrine that refers to the ability of members of Congress to sue executive officers or agencies in court. On the one hand, national legislators who ...
Mootness

Mootness  

Reference type:
Overview Page
Subject:
Law
Is one of several problems created by Article III's limitation of the jurisdiction of federal courts to “Cases” and “Controversies.” The mootness problem arises when the issue that is being ...
South African Bill of Rights

South African Bill of Rights  

Reference type:
Overview Page
Subject:
Law
An integral part of the South African Constitution is the justiciable Bill of Rights which is contained in Chapter Two. It is an emphatic manifestation of the South African nation's ...
Cormack v Cope

Cormack v Cope  

Reference type:
Overview Page
Subject:
Law
(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 ...
Kenneth Sydney Jacobs

Kenneth Sydney Jacobs  

Reference type:
Overview Page
Subject:
Law
(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 ...
Political Thicket

Political Thicket  

Reference type:
Overview Page
Subject:
Law
Phrase that originated in Justice Felix Frankfurter's opinion for the Court, although he spoke only for two other justices, in Colegrove v. Green (1946), in which he argued that federal ...
intervention in Parliamentary process

intervention in Parliamentary process  

Reference type:
Overview Page
Subject:
Law
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 ...
matter

matter  

Reference type:
Overview Page
Subject:
Law
(1) In its general sense, a proceeding in which no enforceable remedy or relief is being sought, and in which there is no dispute with another person (e.g. a change ...
Role of Court

Role of Court  

Reference type:
Overview Page
Subject:
Law
The principal responsibilities of the High Court are to uphold the Constitution, maintain the rule of law, and act as the nation's final court of appeal in civil and criminal cases.[...]

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