Difference between revisions of "Justiciability Doctrine"

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Before a court may hear a case, the plaintiff must demonstrate that they have "standing." Standing requires proof of all three elements:
 
Before a court may hear a case, the plaintiff must demonstrate that they have "standing." Standing requires proof of all three elements:
 
#'''Injury''' -  
 
#'''Injury''' -  
 +
##'''Ripeness''' -
 
#'''Causation''' -  
 
#'''Causation''' -  
 
#'''Redressability''' -
 
#'''Redressability''' -
 
+
##'''Mootness''' -
 
Failure to prove any one of these elements and the case may be dismissed by the court as non justiciable.
 
Failure to prove any one of these elements and the case may be dismissed by the court as non justiciable.
  

Revision as of 14:59, 23 August 2010

Background

In the United States, the Federal Court's power is limited by Article III, Section 2, Clause 1 of the U.S. Constitution:

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The "cases and controversies" limitation has given rise to a standing requirement that must be met before a U.S. Court may hear a case.

Three Standing Requirements

Before a court may hear a case, the plaintiff must demonstrate that they have "standing." Standing requires proof of all three elements:

  1. Injury -
    1. Ripeness -
  2. Causation -
  3. Redressability -
    1. Mootness -

Failure to prove any one of these elements and the case may be dismissed by the court as non justiciable.

Standing may also arise in other situations. A defendant charged with a crime may argue that evidence obtained against them was illegal and should be excluded. However, if they do not have standing to challenge the illegal evidence, it will still be admitted against them.

Prudential Limitations

In addition to the "cases and controversies" requirement, the courts have fashioned several other discretionary limitations which a court may invoke to refuse to listen to an case:

  1. No Third Party Claims
  2. No Generalized Grievences
  3. Zone of Interest Test
  4. Political Question Doctrine

Notes