International and Comparative Law Quarterly

Table of Contents - 2010 - Volume 59, Issue 04  

Article

THE BOUNDARIES OF JUSTICIABILITY

Dominic McGoldricka1

a1 Professor of Public International Law, University of Liverpool.

Abstract

This article examines the application of the principle of justiciability principally where it has been invoked in the context of claims in the UK courts related to foreign affairs or public international law. It is submitted that the modern judicial trend is to find that issues are justiciable and focus instead on the degree and intensity of the review exercised. The trend is directed and supported by the growing importance of human rights and the rule of law.

Footnotes

I am grateful to Colin Warbrick and John Bell for their comments on earlier drafts. Responsibility for the views expressed is mine alone.