Judicial Review, Justiciability and the Limits of the Common-Law Method

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 directlyinvolve 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