|Grounds for judicial review|
Administrative law in|
common law jurisdictions
Administrative law in|
civil law jurisdictions
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable.
|United States federal|
civil procedure doctrines
Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting writ of certiorari ("cert.").
For an issue to be justiciable by a United States federal court, all of the following conditions must be met:
If the case fails to meet any one of these requirements, the court cannot hear it.
State courts tend to require a similar set of circumstances, although some states permit their courts to give advisory opinions on questions of law, even though there may be no actual dispute between parties to resolve. Unlike federal courts with limited jurisdiction, state courts are not bound by the “case or controversy” clause of Art. III, Section 2 of the U.S. Constitution. Federal courts' decisions on mootness, advisory opinions, and related matters may be considered and even found persuasive, depending on the state's laws, but are not controlling.
Under the "ministerial exception" based on the First Amendment, courts decline to hear defamation, employment and other actions founded on statements or beliefs that necessarily implicate the truth or falsity of religious doctrine.
The issue of non-justiciability has been recognized in Buttes Gas and Oil Co. v Hammer, where Lord Wilberforce stated that the principle "that the courts will not adjudicate upon the transactions of foreign sovereign states" is not a matter of discretion, but is "inherent in the nature of the judicial process". The principle was further developed in Kuwait Airways Corp. v Iraqi Airways Co..