Non-justiciability: A Get Out of Jail Free Card?

Laura Bliss

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Abstract

This paper focuses on the definition of non-justiciability, moving on to what the consequences are when it comes to a non-justiciable judgment being granted. Furthermore, I briefly critically examine the concepts of primary and secondary non-justiciability and how they are applied in the judicial system in the United Kingdom. To do this, I use two case law examples which illustrate the way the courts apply these two concepts. Lastly, I present the rationales which have been established to justify this judicial concept. This allows me to provide a conclusion as to whether it can be deemed that this judicial doctrine is merely a “get out of jail free card” for the courts or an important legal tool for judges.
Original languageEnglish
Title of host publicationEdge Hill University
Publication statusPublished - 2015

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