Justiciable Issue in the United States

A question that is appropriate for resolution by judicial action. A justiciable issue is one that may properly come before a court for decision. Justiciability differs from jurisdiction in that the latter focuses on whether a court possesses the power to act. Justiciability presumes that the power to act exists, but it focuses on whether it is proper or reasonable to exercise that power. A court may have jurisdiction over a case, but it may find the question involved to be nonjusticiable.

See Also

Controversy (Civil Process) Jurisdiction (Civil Process) Standing (Civil Process).

Analysis and Relevance

Considerations of whether an issue is justiciable come in the form of real or bona fide cases as opposed to controversies raising abstract or hypothetical issues. A justiciable issue satisfies all requirements of standing, and it is not more appropriately resolved by the legislative or executive branches. Justiciability allows the courts to limit or expand the extent to which judicial power is exercised. It directly affects the functional relationships of the courts to the legislative and executive branches. To be justiciable, an issue must involve an actual controversy in which one party can show harm or injury. The justiciability requirements are used to define the boundaries of the judicial function. Justiciability is an outgrowth of the separa- tion-of-powers concept. Courts possess substantial discretion in determining whether an issue is justiciable, but will generally proceed with caution before taking action. Such an approach serves to heighten the impact of judicial actions in those cases where justiciability clearly exists.

Notes and References

1. Definition of Justiciable Issue from the American Law Dictionary, 1991, California