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Sedley LJ refers to matters of ?academic or pastoral judgement' regarding which the judgement of the courts would be ?jejune and inappropriate'. Such matters are, accordingly, currently non-justiciable in the courts, though quite what exactly these non-justiciable matters are, is unclear. Sedley LJ gives the example of a student disputing the class or mark he is awarded as being non-justiciable; however, there is likely to be uncertainty at the boundaries where the categories of ?justiciable' and ?non-justiciable' meet.
- See also:
Herring v Templeman 1973 View
- For a more information on the issue of justiciability, see the HEL text, Chapter 6, Appendix 1 and also the ?Method of Adjudication' page of this HEL Online Casebook...
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