Judicial Review, Justiciability and the Limits of the Common-Law Method, 57 Boston University Law Review 807 (1977)
The Supreme Court frequently interprets such provisions as the first,
fourth and fourteenth amendments in resolving complex questions concerning
the protection of substantive constitutional rights. One enduring source of controversy in constitutional litigation, however, does not directly
involve any of these provisions, although it has implications for all
of them. This is the doctrine ofjusticiability-a doctrine of procedure and jurisdiction which prescribes the appropriate form for initiating challenges
to the validity of government actions.
Date of Authorship for this Version
Brilmayer, Lea, "Judicial Review, Justiciability and the Limits of the Common-Law Method" (1977). Faculty Scholarship Series. Paper 2521.