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    Nicholson, Matthew 2015. THE POLITICAL UNCONSCIOUS OF THE ENGLISH FOREIGN ACT OF STATE AND NON-JUSTICIABILITY DOCTRINE(S). International and Comparative Law Quarterly, Vol. 64, Issue. 04, p. 743.


    Eatwell, Tatyana 2013. SELLING THE PASS: HABEAS CORPUS, DIPLOMATIC RELATIONS AND THE PROTECTION OF LIBERTY AND SECURITY OF PERSONS DETAINED ABROAD. International and Comparative Law Quarterly, Vol. 62, Issue. 03, p. 727.


    Mooney, Annabelle 2012. Human rights: Law, language and the bare human being. Language & Communication, Vol. 32, Issue. 3, p. 169.


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  • International and Comparative Law Quarterly, Volume 59, Issue 4
  • October 2010, pp. 981-1019

THE BOUNDARIES OF JUSTICIABILITY

  • Dominic McGoldrick (a1)
  • DOI: http://dx.doi.org/10.1017/S002058931000059X
  • Published online: 11 November 2010
Abstract
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.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

T Endicott , ‘The Reason of Law’ (2003) 48 American J Jurisprudence 83106

KR Thomas , ‘The Changing Status of International Law in English Domestic Law’ (2006) 53 Netherlands International Law Review 371398

M Tomonori , ‘Denying Foreign State Immunity on the Grounds of the Unavailability of Alternative Means’ (2008) 71 Modern Law Review 734752

JA King , ‘Institutional Approaches to Judicial Restraint’ (2008) OJLS 409–41

O Ben-Naftali and KR Michaeli , ‘Justice-Ability: A Critique of the Alleged Non-Justiciability of Israel's Policy of Targeted Killings’ (2003) 1 Journal of Int Criminal Justice 368405

C Mikaelson , ‘Derogating from International Human Rights Obligations in the “War Against Terrorism”-A British-Australian Perspective’ (2005) 17 Terrorism and Political Violence 131155

M Elliott , ‘UK: Detention Without Trial and the “War on Terror”’ (2006) 4 International Journal of Constitutional Law 553566

P Capps , ‘The Court as Gatekeeper: Customary International Law in English Courts’ (2007) 70(3) Modern Law Review 458471

E Benvenisti , ‘Reclaiming Democracy: The Strategic Uses of Foreign and International Law by National Courts’ (2008) 102 AJIL 241–74

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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