A seminal study from Great Britain (Genn, Paths to Justice, 1999), found that 90 % of individuals
with a justiciable issue sought some form of advice at some time.
Various studies (see Julie MacFarlane's study of self - represented litigants, 2013;) demonstrate that most individuals
with a justiciable issue seek advice (sometimes legal, sometimes other) for dealing with the matter at some stage before and during proceedings.
How many of the people
with justiciable issues not recognized as such would have recognized them if the law had been clearer?
Not exact matches
Like a dinosaur
with its head removed, the doctrine will no doubt continue to stumble on, but it is high time it was put out of its misery in favour of a codified and
justiciable written constitution.»
The EAT further found that CLIA 1978 in any event was concerned only
with claims
justiciable in the ordinary courts.
What can be taken from all of this is that a very low proportion of
justiciable problems are addressed
with legal assistance.
Having taken a cursory look at the DOJ's study, I agree
with Bob's criticism and in fact, given the generality of the questions put forward as to what constitutes a «
justiciable» problem, I'm actually impressed (in a positive sense) that only 44.6 % of respondents report experiencing an issue in the three years prior to the study.
Tagged
with: Charter Constitution equality fundamental justice
Justiciable principles of fundamental justice Right to housing section 15 section 7s
The court's conclusion that the claims were not
justiciable appears flawed and at odds
with prior jurisprudence.
Tagged
with: Aboriginal Law Courtoreille Appeal Crown duty to consult Intervention
Justiciable legislative sovereignty legislative supremacy parliamentary sovereignty parliamentary supremacy separation of powers
ARL argues that a
justiciable duty to consult at any point in the legislative process can not be reconciled
with other underlying and fundamental principles of the Constitution and looks forward to the hearing of this important case on January 15, 2018.
First, where Parliament legislates to bring UK law in line
with the Convention, the legislation it enacts is
justiciable (even if the Minister has made a formal statement the new law is HR - compliant).
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.