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📜intro to political science review

key term - Justiciability

Citation:

Definition

Justiciability refers to the ability of a court to hear and decide a particular case or controversy. It is a fundamental principle that determines whether an issue is appropriate for judicial review and resolution.

5 Must Know Facts For Your Next Test

  1. Justiciability ensures that courts only hear cases where there is a genuine dispute that can be resolved through the judicial process.
  2. The concept of justiciability is closely linked to the separation of powers, as it prevents courts from encroaching on the powers of the executive and legislative branches.
  3. Courts will often decline to hear cases that present political questions, as these are seen as more appropriate for resolution by the political branches of government.
  4. Justiciability requirements, such as standing and ripeness, help to ensure that courts only hear cases where the plaintiff has a genuine and personal stake in the outcome.
  5. The doctrine of mootness is an important aspect of justiciability, as it prevents courts from hearing cases where the underlying issue has been resolved or no longer presents a live controversy.

Review Questions

  • Explain how the concept of justiciability relates to the judiciary's role in taking action under 11.2 How Does the Judiciary Take Action?
    • The concept of justiciability is crucial in determining the judiciary's ability to take action under 11.2. Justiciability ensures that courts only hear cases where there is a genuine dispute that can be resolved through the judicial process. This helps to define the limits of the judiciary's power and prevent it from encroaching on the roles of the other branches of government. Justiciability requirements, such as standing and ripeness, help to ensure that the courts only hear cases where the plaintiff has a genuine and personal stake in the outcome, which is a key factor in the judiciary's ability to take action.
  • Analyze how the principle of justiciability relates to the concept of judicial review versus executive sovereignty in 11.6 Judicial Review versus Executive Sovereignty.
    • The principle of justiciability is closely linked to the concept of judicial review versus executive sovereignty in 11.6. Justiciability helps to define the boundaries of the judiciary's power, preventing it from overstepping its bounds and encroaching on the powers of the executive branch. By requiring that courts only hear cases where there is a genuine dispute that can be resolved through the judicial process, justiciability ensures that the judiciary does not interfere with the executive's sovereignty and decision-making authority. At the same time, justiciability allows the courts to exercise their power of judicial review in appropriate cases, where there is a clear and justiciable controversy that the judiciary is equipped to resolve.
  • Evaluate how the doctrine of mootness, as an aspect of justiciability, can impact the judiciary's ability to take action and the relationship between judicial review and executive sovereignty.
    • The doctrine of mootness, as an aspect of justiciability, can have a significant impact on the judiciary's ability to take action and the relationship between judicial review and executive sovereignty. Mootness prevents courts from hearing cases where the underlying issue has been resolved or no longer presents a live controversy. This can limit the judiciary's ability to take action, as it may be unable to hear cases where the executive branch has already taken steps to address the issue. At the same time, the doctrine of mootness helps to maintain the separation of powers by preventing the judiciary from interfering in matters that are no longer relevant or within its purview. This, in turn, can strengthen the executive's sovereignty and decision-making authority, as the courts are unable to second-guess or overturn the executive's actions in certain cases.

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