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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 ... ...

Justiciability

Justiciability   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
246 words

... 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

justiciability   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
292 words

...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

Justiciability   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,775 words

...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...

justiciability

justiciability   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
141 words

...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...

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...

dispute

dispute   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
368 words

...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

Hayburn's Case   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
234 words

...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...

Ripeness and Immediacy

Ripeness and Immediacy   Reference library

James B. Stoneking

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
254 words

...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

Hayburn's Case   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
227 words

...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 ...

Davis v. Bandemer

Davis v. Bandemer   Reference library

Gordon E. Baker

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
335 words

...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...

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...

legal disputes

legal disputes   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
124 words

...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...

South African Bill of Rights

South African Bill of Rights   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
262 words

...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...

Davis v. Bandemer

Davis v. Bandemer   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
326 words

...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...

Political Thicket

Political Thicket   Reference library

J. W. Peltason and Christopher P. Banks

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
608 words

...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...

Advisory Opinions

Advisory Opinions   Reference library

Joan R. Gundersen

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
252 words

...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....

Mootness

Mootness   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
204 words

...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....

Administrative law

Administrative law   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
223 words
Illustration(s):
1

...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...

Baker v. Carr, 369 U.S. 186 (1962)

Baker v. Carr, 369 U.S. 186 (1962)   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
456 words

...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...

Cormack v Cope

Cormack v Cope (1974)   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
889 words

...double dissolution, was not prepared to say that such a lapse of time was unreasonable. Though Murphy in the PMA Case , and Jacobs in Territory Senators , agreed with McTiernan's original denial that issues arising under section 57 are justiciable at all, the results in these cases clearly confirm their justiciability. Tony...

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