| We respectfully submit that a matter has to be raised as a claim by the pleading in order to be a justiciable controversy. |
| Is it really a question of jurisdiction or whether there is a justiciable issue? |
| Accordingly, the duty owed under Section 17 of the Children Act 1989 is a target duty owed to children in general and is not justiciable by judicial review. |
| A justiciable case must present actual injury, or an imminent threat of injury. |
| Accordingly, suits must be justiciable before the Court will decide them, and the party bringing the suit must have standing to do so. |
| Two other controversial cases have highlighted the problems for the courts in holding the exercise of the prerogative power to be justiciable. |
