The EAT further found that CLIA 1978 in any event was concerned only with
claims justiciable in the ordinary courts.
Not exact matches
The court's conclusion that the
claims were not
justiciable appears flawed and at odds with prior jurisprudence.
This Court rejected the Bar's standing and ripeness challenges to Plaintiffs» First Amendment
claim, and determined that Plaintiffs»
claim is
justiciable.»
If the
claim is
justiciable and within the proper bounds of the court's role, the exercise by the Crown of its prerogative power is consistent with domestic constitutional law.
So the Indians»
claim was only
justiciable in Canada.
Given that the
claim was not
justiciable, the
claim was properly struck out and the action was properly dismissed.