Justice and Unjusticiability

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.

Ermanno Calzolaio is Full Professor of Comparative Law at the University of Macerata.
Luigi Lacchè is Full Professor of Legal History at the University of Macerata and LUISS “G. Carli” in Rome.