Update

You are looking at 1-20 of 46 entries  for:

  • All: justiciability x
  • Social sciences x
clear all

View:

Overview

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 ... ...

justiciable questions

justiciable questions   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
200 words

... questions The U.S. Supreme Court has held that federal courts may deal only with cases or questions that are justiciable, that is, questions “appropriate for judicial determination” ( Aetna Life Insurance Co. v. Haworth , 1937 ). In the Aetna case Chief Justice Charles Evans Hughes discussed the differences between justiciable questions or issues and those not justiciable. He emphasized that justiciable questions involve a “real and substantial controversy” that can be resolved by a conclusive decision of a court of law. The U.S. Supreme Court...

justiciable questions

justiciable questions  

Reference type:
Overview Page
The U.S. Supreme Court has held that federal courts may deal only with cases or questions that are justiciable, that is, questions “appropriate for judicial determination” (Aetna Life Insurance Co. ...
social justice

social justice  

Reference type:
Overview Page
The objective of creating a fair and equal society in which each individual matters, their rights are recognized and protected, and decisions are made in ways that are fair and honest.
Commonwealth–state relations

Commonwealth–state relations  

Reference type:
Overview Page
Cover a broad range of associations, agreements, and institutional arrangements for carrying on the complex business of governing in a federal system. The constitution provides the basic skeleton of ...
Human Rights

Human Rights   Reference library

The Oxford International Encyclopedia of Peace

Reference type:
Subject Reference
Current Version:
2010
Subject:
Social sciences
Length:
9,333 words

...suspects led to a call to prosecute their authors, lawyers serving the Bush administration. Enactment within the United Kingdom Enforcement of human rights standards in Britain has been revolutionized by the Human Rights Act of 1998, which made the European Convention justiciable in the U.K. courts. Although the common-law and ensuing legislation incorporated the Magna Carta and firmly protected habeas corpus, open justice, and free trial, it was deficient in its support for free speech and anti-discrimination and offered little protection to privacy....

Administrative law

Administrative law   Reference library

Oxford Companion to Australian Politics

Reference type:
Subject Reference
Current Version:
2008
Subject:
Social sciences, Politics
Length:
2,169 words

...to develop principles to accommodate the government's communitarian interests. These principles have been shaped by Australia's Westminster system of government, and by its written Constitution . In addition, administrative law has fashioned notions such as deference, justiciability, and polycentricity to allow for government's legitimate focus on broader issues. Administrative law is a relatively new branch of the law. The nineteenth‐ and early twentieth‐century writings of an influential British legal and political theorist, A. V. Dicey , about the...

Capitalism

Capitalism   Reference library

Meghnad Desai

The Oxford Companion to International Relations

Reference type:
Subject Reference
Current Version:
2014
Subject:
Social sciences, Politics
Length:
1,801 words

...relevant to the production activity can be carried out, especially the right to hire and fire workers; and (4) the legal right of the owner to dispose of the profits as well as the property generating those profits in any way he or she chooses, subject to well-specified and justiciable limits. The use of money and the existence of markets become ubiquitous as capitalism spreads, limited only by over what individuals may hold property rights. For its sustained growth capitalism requires investment on a continuing basis, either out of profits previously earned...

Capitalism

Capitalism   Reference library

The Oxford Companion to Politics of the World (2 ed.)

Reference type:
Subject Reference
Current Version:
2004
Subject:
Social sciences, Politics
Length:
1,782 words

...relevant to the production activity can be carried out, especially the right to hire and fire workers; and 4) the legal right of the owner to dispose of the profits as well as the property generating those profits in any way he or she chooses, subject to well-specified and justiciable limits. The use of money and the existence of markets becomes ubiquitous as capitalism spreads, limited only by what individuals may hold property rights in. For its sustained growth capitalism requires investment on a continuing basis, either out of profits previously earned...

Supreme Court of the United States

Supreme Court of the United States   Reference library

The Oxford Companion to Politics of the World (2 ed.)

Reference type:
Subject Reference
Current Version:
2004
Subject:
Social sciences, Politics
Length:
2,421 words

...The justices themselves have recognized that regulating the standards granting litigants access to the Court can influence its power. The Court has found a textual limit to its power of review in the “cases and controversies” clause of Article III. Accordingly, suits must be justiciable before the Court will decide them, and the party bringing the suit must have standing to do so. The Court will not accept friendly or collusive controversies, moot causes, and disputes lacking in ripeness. For instance, in Muskrat v. United States ( 1912 ), the justices...

Nigeria

Nigeria   Reference library

Uwem Edimo Esiet, Christine Olunfinke Adebajo, Mairo Victoria Bello, Rakiya Booth, Imo I. Esiet, Nike Esiet, Foyin Oyebola, Bilkisu Yusuf, and Beldina Opiyo-Omolo

Contiuum Complete International Encyclopedia of Sexuality

Reference type:
Subject Reference
Current Version:
2010
Subject:
Social sciences, Society and culture
Length:
30,835 words
Illustration(s):
1

...Principles of State Policy” and the fundamental human rights in the Nigerian Constitution clearly indicates that there was no intention to enforce them. Accordingly, Jadesola Akande asserts that: The Nigerian Constitution has entrenched fundamental rights and made them justiciable * but economic and social rights have been reduced to a mere declaration of pious hopes because it is believed that they can only be achieved progressively according to available resources of the Nation and the policies pursued by the Government. ( Akande 1989 , 123) In...

political questions

political questions   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
325 words

...a limitation that the Court has imposed upon its own powers of judicial review. Only the Supreme Court itself decides which cases involve political questions, thereby disqualifying them for review and judgment by the Court. Such political questions are referred to as non-justiciable. Justiciable questions, by contrast, are those the Supreme Court accepts as appropriate for its review and judgment. In Pacific States Telephone & Telegraph v. Oregon ( 1912 ), the Court faced an issue that it decided was outside the scope of judicial review. The issue pertained...

Baker v. Carr

Baker v. Carr   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
740 words

...standing, and justiciability. Did the court have the jurisdiction (authority) to make decisions about state legislative apportionment? Did Baker have standing (the right) to bring suit in a case of this kind? And was this issue appropriate for judicial decision or should it be left to the political branches of the government to decide? Opinion of the Court Justice William Brennan , writing for the Supreme Court, ruled that the Court had jurisdiction in this case, Baker had standing to bring suit, and the issue was justiciable. He wrote that “the right...

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...

European Union Charter of Fundamental Rights

European Union Charter of Fundamental Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,159 words

...this provision evidently is to distinguish between (fully justiciable) rights and (less justiciable) principles. In itself such a distinction is not uncommon in the international human rights discourse. But this distinction is not reflected by the wording of the Charter itself. For instance, Article 23 of the Charter (Article II-83 TCE) refers to equal treatment between men and women as “the principle of equality,” while the right to equal treatment has clearly been recognized by the ECJ as a justiciable right. The EU Charter and the European Convention on Human...

Limburg Principles on Socioeconomic Rights

Limburg Principles on Socioeconomic Rights   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
3,268 words

...human rights law and to point out that the realization of the object and purpose of the Covenant may be achieved through various strategies and in a variety of political and economic settings. Principle 8 emphasizes the key importance of making socioeconomic rights justiciable, that is, suitable for judicial review and enforcement before a court of law through the creation of effective (legal) remedies. Part 1(B) contains an interpretation of Article 2(1) of the ICESCR, the general obligation of states progressively to realize the rights listed in...

Supreme Court of the United States

Supreme Court of the United States   Reference library

Lee Epstein and Thomas G. Walker

The Oxford Companion to Comparative Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics
Length:
2,220 words

...Power. Article III—or the court's interpretation of it—places three major constraints on the ability of federal tribunals to hear and decide cases: (1) courts must have authority to hear a case (jurisdiction); (2) the case must be appropriate for judicial resolution (justiciability); and (3) the appropriate party must bring the case (standing). The Supreme Court has developed doctrines surrounding each, but there has been some variation over time. In some eras (or cases), the court has favored loose construction of the rules; in others, the justices...

Economic and Social Rights

Economic and Social Rights   Reference library

William F. Felice

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
9,215 words

...“justiciable.” As the Committee on Economic, Social and Cultural Rights ( 1998 ) observed: “It is important in this regard to distinguish between justiciability (which refers to those matters which are appropriately resolved by the courts) and norms which are self-executing (capable of being applied by courts without further elaboration). While the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the great majority of systems, be considered to possess at least some significant justiciable...

Capitalism

Capitalism   Reference library

Meghnad Desai

The Oxford Companion to Comparative Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics
Length:
1,805 words

...relevant to the production activity can be carried out, especially the right to hire and fire workers; and (4) the legal right of the owner to dispose of the profits as well as the property generating those profits in any way he or she chooses, subject to well-specified and justiciable limits. The use of money and the existence of markets become ubiquitous as capitalism spreads, limited only by over what individuals may hold property rights. For its sustained growth capitalism requires investment on a continuing basis, either out of profits previously earned...

Capitalism

Capitalism   Reference library

Meghnad Desai

The Oxford Companion to American Politics

Reference type:
Subject Reference
Current Version:
2012
Subject:
Social sciences, Politics, Regional and Area Studies
Length:
1,792 words

...relevant to the production activity can be carried out, especially the right to hire and fire workers; and (4) the legal right of the owner to dispose of the profits as well as the property generating those profits in any way he or she chooses, subject to well-specified and justiciable limits. The use of money and the existence of markets becomes ubiquitous as capitalism spreads, limited only by what individuals may hold property rights in. For its sustained growth capitalism requires investment on a continuing basis, either out of profits previously earned...

Right to Health and Health Care

Right to Health and Health Care   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
9,091 words

...Commission on Human Rights ( IACHR ). A distinction should be made here among the national, regional, and international levels. National courts differ strongly on the question of whether a right to health is justiciable, that is, enforceable before a court of law. This underlines the notion expressed by several scholars that justiciability is a “fluid notion,” because it may vary from court to court and may evolve over time. An example of a national case in which the right to health was enforced before a court of law concerns the decision of the...

View: