Chapter

Justiciability

F. A. Mann

in Foreign Affairs in English Courts

Published in print August 1986 | ISBN: 9780198255642
Published online March 2012 | e-ISBN: 9780191681615 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255642.003.0004
Justiciability

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An issue is justiciable if it is capable of being tried according to law. In so far as foreign relations in England are concerned, this means that justiciability is lacking only where issues come within the exclusive province of the Executive and its prerogative. In assessing the English law and practice relating to the problem of justiciability it is important to realise that there are numerous cases which, if there were no practice relating to the executive certificate, would clearly be non-justiciable, that, in other words, they become justiciable by virtue of that practice. Problems of non-justiciability in foreign affairs can arise only in a few connections. These include non-interference with the conduct of foreign policy, enforcing treaty rights by a party against a party, enforcing treaty rights against a Crown servant, and enforcing claims by a third party beneficiary against the Crown.

Keywords: justiciability; English law; foreign affairs; foreign relations; foreign policy; treaty rights; Executive; Crown

Chapter.  9514 words. 

Subjects: Public International Law

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