Jurisdiction
“Jurisdiction” is often treated as a technical detail raised after disputes begin. In practice, jurisdiction frequently determines outcomes before any substantive question is considered, by deciding which authority can act at all.
Definition
Jurisdiction refers to the legally defined scope of authority that determines which institution has the power to make decisions, enforce rules, or resolve disputes over a particular matter.
Technical meaning vs common usage
Technical meaning:
A formal allocation of decision-making power across institutions, defined by law, geography, subject matter, or procedural rules.
Common usage:
A vague reference to territory or organizational responsibility.
How the term gets stretched or misused
Treated as a procedural hurdle rather than a power allocation
Assumed to be neutral rather than outcome-shaping
Invoked after conflict rather than at the point of authority design
Confused with convenience or capacity instead of legal authority
Where the power sits
Power in jurisdiction sits in boundary-setting rules. Legislatures, constitutions, and courts determine which bodies may act, which must defer, and which are excluded entirely. These decisions control access to remedies, timing, and enforcement—often determining winners and losers before facts are weighed.
This does not mean…
The most capable institution will act
Authority follows expertise
All disputes can be resolved on the merits
Jurisdictional limits are accidental
Why precision matters
When jurisdiction is treated as a technicality, blocked action appears arbitrary or political. Precision reveals that jurisdiction is a structural choice that channels power, delays resolution, or prevents action altogether—explaining why agreement on substance does not guarantee action.
Neutrality note
This definition describes jurisdiction as a legal allocation of decision-making authority, not as an endorsement or critique of institutional design, court rulings, or policy outcomes.
Related HISW
Words Matter: Federalism, Authority
Sources
Sources below explain how jurisdiction allocates authority across legal and institutional systems.
Congressional Research Service — Federal Jurisdiction: An Overview (2018) https://crsreports.congress.gov/product/pdf/R/R45252
Supreme Court of the United States — Steel Co. v. Citizens for a Better Environment (1998) https://supreme.justia.com/cases/federal/us/523/83/