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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 ... ...

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. ...
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 ...
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...

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...

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...

ELECTION LAW

ELECTION LAW  

The Oxford Encyclopedia of American Political and Legal History

...should racial “communities of interest” be treated differently under the equal protection clause than economic groupings, cities, regions, or the interests of incumbent officeholders or political parties ( Miller v. Johnson , 515 U.S. 900 ( 1995 ))? Was partisan gerrymandering justiciable, and if so, exactly what practices were to be declared illegal ( Davis v. Bandemer , 478 U.S. 109 ( 1986 ), Vieth v. Jubilirer , 541 U.S. 267 ( 2004 ))? As computer hardware and software developed and as election and population data became much more easily and quickly...

Economic, Social, and Cultural Rights

Economic, Social, and Cultural Rights   Reference library

Henry F. Carey

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
13,284 words

..., who admitted that “There was a sense in the Committee [on Economic, Social and Cultural Rights] that, despite the concept of the indivisibility of rights, economic, social and cultural rights did not have the same value as civil and political rights and were not equally justiciable” (“Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights, Adoption of Draft General Comment No.15 on the Right to Water,” UN Document E/C.12/2002/SR.50, Nov. 28, 2002 :6; emphasis added). The 1988 Brazilian C...

Human Rights and History

Human Rights and History   Reference library

Micheline Ishay

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
13,638 words

...legal scholarship was split between defenders of the concept of civil and political rights, on the one hand, and advocates of socioeconomic rights, on the other hand. Western countries and their allies privileged the Covenant of Civil and Political Rights for reasons of justiciability, while the postcolonial world and communist states emphasized the Covenant of Economic, Social and Cultural rights – with the understanding that this document was less enforceable, given the level of poverty within the developing world ( Thakur 1982 ). Armed with civil,...

Elections

Elections   Reference library

J. Morgan Kousser, Alan Ware, Allan J. Lichtman, Charles A. Kromkowski, and Donald A. DeBats

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
14,415 words

...should racial “communities of interest” be treated differently under the equal protection clause than economic groupings, cities, regions, or the interests of incumbent officeholders or political parties ( Miller v. Johnson , 515 U.S. 900 ( 1995 ))? Was partisan gerrymandering justiciable, and if so, exactly what practices were to be declared illegal ( Davis v. Bandemer , 478 U.S. 109 ( 1986 ), Vieth v. Jubilirer , 541 U.S. 267 ( 2004 ))? As computer hardware and software developed and as election and population data became much more easily and quickly...

Wisconsin

Wisconsin   Reference library

The Almanac of American Politics (51 ed.)

Reference type:
Subject Reference
Current Version:
2024
Subject:
Social sciences, Politics, Human Geography
Length:
23,201 words
Illustration(s):
12

...toward possible future open seats. Republican successors to Ryan and Petri later won with little difficulty. A challenge to that map lingered throughout the decade. The Supreme Court’s ruling in 2019 that alleged partisan gerrymanders in Maryland and North Carolina were not justiciable settled that conflict in Wisconsin. In 2021, divided government in Madison ensured that court involvement in redistricting would be maximal. Republicans in the legislature submitted a map that gave them a better shot at winning Kind’s district by excising Stevens Point from its...

Religious Regulation in India

Religious Regulation in India   Reference library

Kristina M. Teater and Laura Dudley Jenkins

The Oxford Encyclopedia of Politics and Religion

Reference type:
Subject Reference
Current Version:
2020
Subject:
Social sciences, Politics, Religion
Length:
9,422 words

...Mallampalli, 2011 ). Personal laws continued after independence. Article 44 of the constitution calls for India to create a uniform civil code—“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”—but this is in the non-justiciable “Directive Principles” section of the constitution. The Constituent Assembly used Directive Principles to urge state action, but these are not mandatory. The government of India still has not standardized the civil code. The Special Marriage Act of 1954 created a religiously...

The European Union Migration Crisis: A Crisis Analysis Case Study

The European Union Migration Crisis: A Crisis Analysis Case Study   Reference library

Peter Slominski

The Oxford Encyclopedia of Crisis Analysis

Reference type:
Subject Reference
Current Version:
2022
Subject:
Social sciences, Politics
Length:
9,125 words

...negotiated outside of the EU’s governance system without substantive involvement of the European Commission and the European Parliament, but, to avoid legal scrutiny by the Court of the European Union, the EU embarked on an informalization strategy to ensure that it is not justiciable before the European Court of Justice ( Carrera, den Hertog, & Stefan, 2017 ; Cassarino, 2018 ). By combining their bargaining power, the EU followed a familiar strategy of issue linkage, offering not only 6 billion euro in aid, but also a relaunch of the EU accession...

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