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2.4 Limitations on judicial power

2 min readjuly 24, 2024

is a crucial legal concept that determines when courts can hear cases. It ensures the Supreme Court only decides actual disputes within its authority, acting as a gatekeeper to prevent advisory opinions and maintain .

The components of justiciability include , , and . These elements, along with the and , help determine which cases the Court can hear, preventing premature or unnecessary judicial intervention.

Understanding Justiciability and Judicial Limitations

Concept of justiciability

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  • Legal principle determining when courts can hear cases ensures courts only decide actual disputes within their authority
  • Acts as gatekeeper for Supreme Court preventing advisory opinions and maintaining separation of powers
  • Rooted in of U.S. Constitution "Cases" and "Controversies" clause limits Court's ability to shape policy
  • Ensures efficient use of judicial resources by focusing on concrete legal disputes ()

Components of justiciability

  • Standing requires plaintiff to have suffered actual injury traceable to defendant's actions and redressable by court decision ()
  • Ripeness ensures case presents current controversy with issues sufficiently developed for judicial review ()
  • Mootness requires controversy to exist throughout legal process case becomes moot if circumstances change resolving dispute ()
  • These components determine which cases Court can hear preventing premature or unnecessary judicial intervention
  • Ensures adversarial presentation of issues promoting thorough legal analysis

Political question doctrine

  • Principle that some issues are not suitable for judicial resolution best left to other branches
  • test identifies political questions based on:
    1. Textual commitment to another branch
    2. Lack of judicially manageable standards
    3. Need for policy determination
    4. Potential for embarrassment from multifarious pronouncements
  • Limits judicial interference in political matters preserving authority of elected branches
  • Maintains balance among three branches of government
  • Examples include foreign policy decisions impeachment proceedings and gerrymandering (prior to recent developments)

Case or controversy requirement

  • Constitutional mandate from Article III ensures courts only decide actual disputes
  • Prevents advisory opinions maintains separation of powers ensures efficient use of judicial resources
  • Restricts courts to resolving specific disputes prevents creation of hypothetical scenarios
  • Underlies concepts of standing ripeness and mootness reinforces political question doctrine
  • Rooted in English common law tradition reinforced by Founders' desire to limit judicial overreach
  • Examples: (taxpayer standing) (generalized grievances)
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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.

© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
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