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Updated: June 12, 2025
But this is not always the case in countries in which the sovereignty is divided: in them the judicial power is more frequently opposed to a fraction of the nation than to an isolated individual, and its moral authority and physical strength are consequently diminished. In federal states the power of the judge is naturally decreased, and that of the justiciable parties is augmented.
Nearly all, moreover, accept the distinction drawn between justiciable issues, relating to the application or interpretation of laws or to the ascertainment of facts by means of legal evidence, which are suitable for settlement by a judicial or arbitral process, and those which, not being capable of such settlement, are better suited for a looser process of inquiry and conciliation.
Austria refused on the ground that the dispute was not of a justiciable nature; and the meagre five days' grace having expired on the 28th, Austrian troops crossed the Save and occupied Belgrade, the Serbians withdrawing without resistance. Meanwhile feverish activity agitated the chancelleries of Europe.
But, when one considers how jealously and effectively the Constitution of the United States and the constitutions of the various States of the Union guard the judiciary from executive and legislative interference, the proposal in the President's plan for a League of Nations to abandon that great principle in the settlement of international disputes of a justiciable nature causes speculation as to Mr.
The aim of the legislator in confederate states ought therefore to be, to render the position of the courts of justice analogous to that which they occupy in countries where the sovereignty is undivided; in other words, his efforts ought constantly to tend to maintain the judicial power of the confederation as the representative of the nation, and the justiciable party as the representative of an individual interest.
President Taft signed treaties with France and England in 1911 which expanded the earlier agreements so as to include "justiciable" controversies even if they involved questions of vital interest and honor, but again the Senate added such amendments that the project was abandoned.
This court would provide a practical and convenient tribunal before which we could go voluntarily, but to which we could not be summoned, for a determination of justiciable questions when they fail to be resolved by diplomatic negotiations.
The Monroe Doctrine is not a justiciable question, but one of purely governmental policy which we have followed for nearly a century, and in which the countries of Europe have generally acquiesced. With respect to the exclusion of immigrants, it is a principle of international law that every country may admit only those whom it chooses.
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