justiciability
[/ˌdʒʌstɪʃəˈbɪlɪti/]
nounfemininepl: justiciabilities
justiciabilidade
1. The quality or state of being justiciable; the capability of being brought before a court of law or being subject to judicial review and decision
The justiciability of political questions remains a contentious issue in constitutional law.
A justiciabilidade de questões políticas permanece uma questão controversa no direito constitucional.
2. The extent to which a matter is appropriate for judicial determination rather than other branches of government
The court questioned the justiciability of the dispute between the executive and legislative branches.
O tribunal questionou a justiciabilidade da disputa entre os poderes executivo e legislativo.
3. The legal capacity of a case or claim to be heard and decided by a court of competent jurisdiction
Without establishing justiciability, the case cannot proceed to trial.
Sem estabelecer a justiciabilidade, o caso não pode prosseguir para julgamento.
This is a specialized legal term primarily used in academic, judicial, and legal professional contexts. It is particularly important in constitutional law discussions in both Brazil and the United States regarding the separation of powers and what types of cases courts can properly hear. The concept is especially relevant when determining whether political questions or disputes between government branches should be decided by courts.
Related Idioms & Phrases
questions of justiciability
to raise justiciability concerns
within the scope of justiciability
justiciability doctrine
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