oa Comparative and International Law Journal of Southern Africa - Justiciability



The term, "Justiciable", means "liable to be tried in a court of justice" and it thus relates to jurisdiction. In the conflict of laws it would be the antinomy of substantive law. The point may be illustrated by a comparison of the third and fourth editions of Halsbury's Laws of England setting out the law governing torts. The article explains on the case Buttes v Occidental that the value of the decision lies in the discovery from existing cases of an English law principle, inherent in the very nature of the judicial process and, therefore, not one of discretion that courts will not adjudicate on non-private law transactions by foreign sovereign states. This rule complements the doctrine of immunity.


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