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Justiciability Reference library
William M. Wiecek
The Oxford Companion to the Supreme Court of the United States (2 ed.)
... 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 Reference library
Australian Law Dictionary (3 ed.)
...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 Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...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 Reference library
The Oxford Companion to the High Court of Australia
...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...
Hayburn's Case Quick reference
The Oxford Guide to United States Supreme Court Decisions (2 ed.)
...Case , 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 United States Circuit Courts to hear disability pension claims by veterans of the War for Independence and to certify their findings to the secretary of war. Five of the then-six justices of the Supreme Court (Jay, Cushing, Wilson, Blair, and Iredell), sitting as judges of the three circuit courts, tendered opinions in the form of letters to ...
Ripeness and Immediacy Reference library
James B. Stoneking
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...and Immediacy 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 deciding only cases and controversies by Article III , section 2, of the Constitution. Among these are questions of mootness , ripeness, standing , collusive suits, and advisory opinions . Most of these problems have both constitutional and prudential dimensions. Ripeness is the “front‐end” counterpart to mootness. When a case has...
Hayburn's Case Reference library
William M. Wiecek
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...Case , 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 United States Circuit Courts to hear disability pension claims by veterans of the War for Independence and to certify their findings to the secretary of war. Five of the then‐six justices of the Supreme Court ( Jay , Cushing , Wilson , Blair , and Iredell ), sitting as judges of the three circuit courts, tendered opinions in the form of...
Davis v. Bandemer Reference library
Gordon E. Baker
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...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, White for the Court, Powell and Stevens in dissent. Two central issues were posed in this case, in which Democrats contended that Indiana state legislative district lines were drawn by Republicans for partisan advantage: (1) is political gerrymandering justiciable? ( see Justiciability ) and, if so, (2) did the districting in Indiana violate the...
Davis v. Bandemer Quick reference
The Oxford Guide to United States Supreme Court Decisions (2 ed.)
...Bandemer , 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, White for the Court, Powell and Stevens in dissent. Two central issues were posed in this case, in which Democrats contended that Indiana state legislative district lines were drawn by Republicans for partisan advantage: (1) is political gerrymandering justiciable? and, if so, (2) did the districting in Indiana violate the Constitution's Equal...
South African Bill of Rights Reference library
The New Oxford Companion to Law
...African Bill of Rights 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 determination to make a complete break with a past in which fundamental rights had often been disregarded with impunity. Now, any person whose rights have been infringed may approach a competent court for redress, and the court may make an order that is just and equitable. Section 2 of the Constitution proclaims the supremacy of the Constitution and...
Political Thicket Reference library
J. W. Peltason and Christopher P. Banks
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...He was giving voice to the political questions doctrine first announced by Chief Justice Roger B. Taney in Luther v. Borden ( 1849 ). Yet it is hard to support the contention that many justiciable issues, such as the constitutionality of governmentally imposed racial segregation, are any less likely to involve courts in political thickets ( see Justiciability ). Questions of how best to secure “fair and effective representation” do, however, involve clashes between political parties somewhat more sharply than most other constitutional issues ( see...
Mootness Reference library
William M. Wiecek
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...restrictions on abortion . In such actions, a pregnant woman contesting state‐imposed restrictions on her access to abortion would certainly carry her pregnancy to term before her challenge could be resolved ( see Roe v. Wade , 1973 ). See also Cases and Controversies ; Justiciability . William M....
Advisory Opinions Reference library
Joan R. Gundersen
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...legal advice to the executive or legislative branches. Observers, however, have usually considered such informal measures unfortunate partisan activities. Some state constitutions do permit their supreme courts to issue advisory opinions. See also Cases and Controversies : Justiciability . Joan R....
Baker v. Carr, 369 U.S. 186 (1962) Reference library
The Oxford Companion to American Law
...v. Carr, 369 U.S. 186 (1962) . In a decision that Chief Justice Earl Warren later identified as the most important of his tenure, Baker v. Carr ( 1962 ) decided that the issue of state legislative apportionment was justiciable. Baker thus paved the way for decisions like Gray v. Sanders ( 1963 ), where the Supreme Court developed and applied the “one person, one vote” standard to statewide elections and Wesberry v. Sanders ( 1964 ) and Reynolds v. Sims ( 1964 ), applying this standard to congressional districts and to both state...
Wesberry v. Sanders Quick reference
The Oxford Guide to United States Supreme Court Decisions (2 ed.)
...to enforce the constitutional requirement that representation in governmental bodies be based on equal-population districts. The first, Baker v. Carr ( 1962 ), was not a ruling on the merits but a holding that the question of the apportionment of a state legislature is a justiciable question. Wesberry dealt with the apportionment of congressional districts in Georgia, which were challenged under Article I, section 2, which provides that “The House of Representatives shall be composed of Members chosen every second Year by the People of the several...
Wesberry v. Sanders Reference library
J. W. Peltason
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...to enforce the constitutional requirement that representation in governmental bodies be based on equal‐population districts. The first, Baker v. Carr ( 1962 ), was not a ruling on the merits but a holding that the question of the apportionment of a state legislature is a justiciable question. Wesberry dealt with the apportionment of congressional districts in Georgia, which were challenged under Article I, section 2, which provides that “The House of Representatives shall be composed of Members chosen every second Year by the People of the several...
Miller’s case (No. 2) Quick reference
A Dictionary of Law (10 ed.)
...with regard to the prorogation justiciable? And if so, could such a decision be quashed upon one of the grounds on which a remedy can be provided in judicial review , namely illegality, irrationality, or procedural impropriety? The Supreme Court began its judgment by noting that in the Case of Proclamations (1610) 12 Co Rep 74, inter alia , the Crown had no prerogative but what the law of the land allowed. In this sense, the lawfulness of the Prime Minister’s advice to the Queen to prorogue Parliament was justiciable. When it came to assessing the...
Gomillion v. Lightfoot Quick reference
The Oxford Guide to United States Supreme Court Decisions (2 ed.)
...that courts should stay out of legislative apportionment issues, but it did encourage urban interests to keep pressing federal courts for relief. A few days after Gomillion , the Court noted probable jurisdiction in Baker v. Carr ( 1962 ), which did directly raise the justiciability of reapportionment cases. J. W....
legal services, demand and need for Reference library
The New Oxford Companion to Law
...( Paths to Justice: What People Do and Think about Going to Law (Oxford: Hart Publishing, 1999 ), Professor Hazel Genn sought to avoid some of the earlier definitional pitfalls. She dodged many of these by claiming to measure only the incidence of ‘justiciable events’ and what people did about them. A justiciable event was defined as a matter ‘experienced by a respondent which raised legal issues, whether or not it was recognised by the respondent as being “legal” and whether or not any action taken by the respondent to deal with the event involved the use of...
act of state Quick reference
A Dictionary of Law (10 ed.)
...doctrine can be found in Buttes Gas and Oil Co v Hammer [ 1982 ] AC 888, in which the House of Lords held that issues relating to the sovereignty of a foreign state over territory, the extent of its territorial sea, and its continental shelf jurisdiction were inherently non-justiciable in the municipal courts of the United Kingdom. The modern law on this doctrine has severely curtailed the number of acts that can be included within its compass. Recent important Supreme Court decisions include Rahimatullah (No. 2) v MOD [2017] UKSC 1, [2017] AC 649; ...
