Non-justiciable

Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability in American law seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court feels it cannot offer such a final determination, the matter is not justiciable.

Justiciability is one of several criteria that the United States Supreme Court use to make a judgment granting writ of certiorari ("cert.").

For an issue to be justiciable by a United States federal court, all of the following conditions must be met:

If the case meets any one of these requirements, the court cannot hear it.

State courts tend to require a similar set of circumstances, although some states permit their courts to give advisory opinions on questions of law, even though there may be no actual dispute between parties to resolve.

The issue of non-justiciability has been recognized in Buttes Gas, where it was stated that this principle is not a matter of digression, but is "inherent in the nature of the judicial process". The principle was further developed in Kuwait Airlines litigation.

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