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

Higson-Bliss, Laura

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.

Citation

Higson-Bliss, L. (2015, March). Non-justiciability: A Get Out of Jail Free Card?. Paper presented at Department of Law and Criminology Research Seminar

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Department of Law and Criminology Research Seminar
• Start Date: Mar 25, 2015
• Deposit Date: Jun 6, 2023
• Public URL: https://keele-repository.worktribe.com/output/441719
• Publisher URL: https://research.edgehill.ac.uk/en/publications/non-justiciability-a-get-out-of-jail-free-card-2
• Related Public URLs: https://www.researchgate.net/publication/318541268_Non-justiciability_A_Get_Out_of_Jail_Free_Card