Justice and Unjusticiability: Perspectives and Issues Between History and Comparison

Bys: Luigi Lacche and Ermanno Calzolaio

The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge, A second category is related to all the cases where there is an impossibility to reach a decision. Anycase if the judge cannot or does not wish to make justice - si iudex non facit iustitiam -, continues today to indicate a series of new (and old) questions.

• Format: Hardcover
• Language: English
• ISBN: 3643910991
• ISBN13: 9783643910998
• Release Date: March 2020
• Publisher: Lit Verlag
• Length: 154 Pages
• Weight: 1.05 lbs.
• Dimensions: 0.8" x 6.6" x 9.3"