Political Question vs Justiciable Question

September 24, 2011
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A JUSTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve an encroachment upon the legislative or executive power.

A POLITICAL QUESTION is one which under the Constitution “is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.”  It is concerned with issues dependent upon the wisdom, not the validity or legality, of a particular measure or a contested act.

 

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