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.
|Publication status||Published - 25 Mar 2015|
|Event||Department of Law and Criminology Research Seminar - Edge Hill University, Ormskirk, United Kingdom|
Duration: 25 Mar 2015 → …
|Conference||Department of Law and Criminology Research Seminar|
|Period||25/03/15 → …|