I have some furniture and appliances at a home that I lease to my ex-girl friend. She will not return the items because she cliams they were gifts. The items were not gifts but meant for her and I to use. I did not live there but was there everyday and I did spend the night at times. Is this a justiciable issue I can take to court to get the items back? I'm still paying for the items.
what
the Fundamental Duties are non-justiciable. It means that the violation of fundamental duties, i.e. the non-performance of these duties by citizens is not punishable.
Justiciability is used to refer to a matter which is suitable for a trial court to hear. That is, if a matter is justiciable, then a trial court has the authority to hear the matter and make a ruling.
yes fundamental rights are justiciable.
Fundamental rights are justiciable where as directive principles are not justiciable. The provision of directive priciple thus cannot be enforced in court of law.
Baker v. Carr (redistricting is a justiciable issue) Westbury v. Sanders (one man, one vote) Shaw v. Reno (race can't be only consideration in redistricting)
Disputes growing out of an actual case or controversy and that is capable of settlement by legal methods.
Examples of non-justiciable issues include political questions that are better resolved by the other branches of government, disputes between foreign governments, matters involving state secrets or national security, and cases where the plaintiff lacks standing to sue. These issues are typically outside the scope of judicial review and are not appropriate for resolution by the courts.
Jacques Braud has written: 'La justice, le juge, le justiciable' -- subject(s): Judges, Justice
When directive principles and fundamental rights clash, the judiciary often plays a critical role in resolving the conflict. The Constitution of India provides that while fundamental rights are justiciable and enforceable, directive principles are non-justiciable but aim to guide the state in policy-making. Courts typically seek a harmonious interpretation, balancing the two to uphold the spirit of the Constitution. Ultimately, in cases of conflict, fundamental rights may take precedence, but the principles serve as essential guidelines for legislation and governance.
An issue is an issue when it becomes an issue.
The judicial power is the state of legislature ability to impeach. The judicial power is the constitutional authority vested in courts and judges to hear and decide justiciable cases, and to interpret, and enforce or void.