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Dictionary
justiciability
noun
The ability of a subject matter to be evaluated and resolved by a court.
Exact(5)
Secondly, the purpose of calling them rights, and having them within the legal framework, is to recognise their justiciability, hence affording remedies to victims of abuse.
Where an individual is alleged to have simply siphoned off money, the cases are generally heard; where there is a political element to a case, counsel are quick to point to arguments about justiciability.
States cannot be encouraged to supplement the international law of state immunity with their own pick and mix patchwork of domestic rules on justiciability".
If that is so, doesn't this mean that when we talk about justiciability, we must be very careful to preserve the role of the court.
And there was this acknowledgement: Because these questions of justiciability require dismissal of this case at the outset, the serious issues regarding the merits of the alleged authorization of the targeted killing of a U.S. citizen overseas must await another day or another (non-judicial) forum.
Similar(5)
"We are concerned that seeking dismissal of the lawsuit on non-justiciability grounds will be seen as an effort to protect the administration's decisions from public scrutiny and judicial accountability.
The new supreme court justice identifies a progressive retreat in the non-justiciability theory over the past decade.
In Sumption's view, "the principle of non-justiciability has never been a very satisfactory explanation of the reluctance of the courts to interfere with the conduct of foreign relations".
The case of Al Rawi, also in 2006, showed that the court of appeal was willing to depart from the principle of non-justiciability in a case involving the human rights of detainees at Guantanamo Bay.
JUSTICE KENNEDY -- And my point is, that puts hydraulic pressure on your non-justiciability argument and makes it a very, very important argument, and a critical argument, in this case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com