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justiciable questions Reference library
The Oxford Guide to the United States Government
... 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
Commonwealth–state relations
Administrative law Reference library
Oxford Companion to Australian Politics
...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 Reference library
Meghnad Desai
The Oxford Companion to International Relations
...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 Reference library
The Oxford Companion to Politics of the World (2 ed.)
...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 Reference library
The Oxford Companion to Politics of the World (2 ed.)
...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...
The European Union Migration Crisis: A Crisis Analysis Case Study Reference library
Peter Slominski
The Oxford Encyclopedia of Crisis Analysis
...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...
Federalism and Policy Implementation Reference library
Kenneth Wiltshire
The Oxford Encyclopedia of Public Administration
...for putting policy implementation arrangements in place. There is no standard format for these agreements, as they will vary according to the federation’s history, legal system, culture, geography, and political circumstances. Thus agreements can range from formal legal justiciable documents to contracts of some kind, simple written and signed agreements, memorandums of understanding, an exchange of letters or possibly emails, or even just a written record of a telephone conversation between chief ministers or ministers. They are usually conceived as...
Constitutions in Latin American Politics Reference library
Jonathan Hartlyn and Alissandra T. Stoyan
The Oxford Encyclopedia of Latin American Politics
...result from vast areas of public policy that are constitutionalized. What before might have been addressed through ordinary legislation now requires constitutional modification (on Brazil, see Arantes & Couto, 2012 ). Couso, in turn, argues that efforts to entrench certain justiciable socioeconomic rights or basic tenets of economic models in a constitution are an “attempt to prevent the alteration of them by future majorities” ( Couso, 2017 , p. 357). The expansion of rights has drawn increasing attention to the role of the courts. Indeed, recent Latin American...
Theory and Evidence Regarding the Effectiveness of Human Rights Treaties Reference library
Daniel W. Hill Jr.
The Oxford Encyclopedia of Empirical International Relations Theory
...producing legally admissible evidence and the standards of proof for claims of abuse. Both of these are higher in the case of violent violations of civil and political rights, which means that when violations are of this nature, it is more difficult for courts to enforce the justiciable rights created by the CCPR. Lupu argued that the costs of producing evidence are higher in the case of personal integrity violations, because the victims are either dead or else unwilling to provide testimony due to fear of reprisal by the government agents that harmed them in...
political questions Reference library
The Oxford Guide to the United States Government
...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 Reference library
The Oxford Guide to the United States Government
...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 Reference library
Lee Epstein and Thomas G. Walker
The Oxford Companion to Comparative Politics
...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 Reference library
William F. Felice
The International Studies Encyclopedia
...“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 Reference library
Meghnad Desai
The Oxford Companion to Comparative Politics
...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 Reference library
Meghnad Desai
The Oxford Companion to American Politics
...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
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...
Religious Regulation in India Reference library
Kristina M. Teater and Laura Dudley Jenkins
The Oxford Encyclopedia of Politics and Religion
...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...
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
...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...
