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Did you mean justiciable questions, justiciable , justiciable justiciable questions, justiciable , justiciable
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
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
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...
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...
dispute Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...that some disputes are justiciable and others are non-justiciable, but ‘probably today most writers would regard it as depending upon the attitude of the parties: if, whatever the subject matter of the dispute may be, what the parties seek is their legal rights, the dispute is justiciable: if, on the other hand, one of them at least is not content to demand its legal rights, but demands the satisfaction of some interest of its own even though this may require a change in the existing legal situation, the dispute is non-justiciable’: Brierly, The Law of...
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 ...
contestability Reference library
Australian Law Dictionary (3 ed.)
...contestability (1) (legal claim) Relating to a valid argument, point or issue (i.e. one that is not an agreed fact), in a matter that is justiciable ( see justiciability ). (2) (market economics) ‘A credible threat of competition to better influence outcomes’ (KPMG definition 2014 ). A contestability approach has been adopted by Australian governments and their audit offices, with the help of efficiency experts, as a rationale for privatising government functions (e.g. by the NSW government, in transferring public housing to community housing providers...
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...
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...
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...
legal disputes Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...the category of controversies potentially within the compulsory jurisdiction of the Court as ‘all legal disputes’. As to ‘the question whether the term “legal” is in this context descriptive or qualifying’, see Lauterpacht , supra , Part 18 and the works there cited. See justiciability...
reviewable decision Reference library
Australian Law Dictionary (3 ed.)
...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 as an administrative tribunal. In judicial review, a reviewable decision is one that satisfies the relevant justiciability criteria at common law, under statute or both. For example, under the Administrative Decisions (Judicial Review) Act 1977 (Cth), judicial review is only available in respect of certain decisions of an administrative character made under an enactment. To be ‘made’ under an...
policy Reference library
Australian Law Dictionary (3 ed.)
...formal rules of black-letter law, have been the subject of judicial consideration. At common law political decisions and priorities are non-justiciable; courts generally cannot adjudicate on policy matters. A common law duty of care in relation to the making of decisions involving policy matters ‘therefore cannot exist’, and ‘the reasonableness of legislative or quasi-legislative activity is generally non-justiciable’: Graham Barclay Oysters Pty Ltd v Ryan ( 2002 ) 211 CLR 540. See also Sutherland Shire Council v Heyman ( 1985 ) 157 CLR 424, where a...
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...
Administrative law Reference library
Australian Law Dictionary (3 ed.)
...may be evaded). Key topics access to information accountability administrative tribunal authority bias delegation discretion division of power error executive power freedom of information ( FOI ) grounds judicial power judicial review justiciability legislative power merits review natural justice non-adjudicative reviews ombudsman policy power prerogative powers procedural fairness regulation responsible government remedy ultra vires...
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....
