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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...
justiciability
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
Ripeness and Immediacy
reviewable decision
Hayburn's Case
Davis v. Bandemer
Cormack v Cope
South African Bill of Rights
