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The petition alleging government failure in maternal healthcare was struck out as a non-justiciable political question; alternative remedies suggested.
Constitutional law – Justiciability – Political question doctrine – Courts should not adjudicate matters involving policy formulation and resource allocation entrusted to the Executive and Legislature. Constitutional law – Article 137 jurisdiction – Interpretation of the Constitution vs. review of executive/legislative policy. Remedies – Alternative remedies available: High Court (Article 50), prerogative orders, and Government Proceedings Act for compensation claims. Human rights – Allegations of failure to provide maternal healthcare and related rights (right to health, right to life, protection from degrading treatment) held to raise political questions in this petition.
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6 June 2012 |