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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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9Justiciability

Mark Tushnet and Juan F González-Bertomeu

9.1 Introduction

A constitutional claim is justiciable when the appropriate court or courts will decide it on the merits. The term is more useful in its negative sense: cases or issues are nonjusticiable when courts will refrain from deciding them on the merits, asserting for various reasons that the cases or issues are not suitable for judicial resolution. The question of justiciability is bound up with the scope of constitutional review generally, and so with the sources and constitutional delimitations upon constitutional review.

Constitutional review can be acknowledged in the constitution’s text, as in nearly every modern constitution, or can be implied from the constitution’s ...

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