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

Bliss, Laura (2015) Non-justiciability: A Get Out of Jail Free Card? Department of Law and Criminology Research Seminar, 25/03/2015, Edge Hill University.

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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.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Divisions: Law and Criminology
Date Deposited: 07 Feb 2017 10:42
URI: http://repository.edgehill.ac.uk/id/eprint/8519

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