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Home » Archive » Defining English Non-Justiciability Using Foundations And Taxonomy

Michael McCagh
Defining English Non-Justiciability Using Foundations And Taxonomy
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Justiciability is an English term that is used to refer to the limits of the courts’ power to conduct judicial review. For example, issues of national security are famously outside the limits as to what the courts should be able to decide. Justiciability in England remains an inadequately defined principle, particularly for those not accustomed to the common law method. The Independent Review of Administrative Law is a current review of judicial review in the United Kingdom, and has included in its scope a question of whether justiciability is ripe to be considered for reform. To properly consider a reform, one must first properly understand the underlying principles, which can be difficult in the case of justiciability. Precious few have investigated English justiciability using a foundational or taxonomical method. This article seeks to do just that.

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