... in respect of which prerogative power is exercised is justiciable, that is to say if it is matter upon which the court can adjudicate, the exercise of power is subject to review..." Judicial review look at the legality of a decision and not at the merits of the decision. Justiciability is a concept that defines the judges' view of the suitability of the subject matter to be judicially reviewed as there have been constitutional limits to judicial review. Lord Wilberforce in Buttes Gas and Oil v Hammer suggested that the extent to which issues are regarded by the court as being non-justiciable and to what extent exercises of prerogative power have been opened up to judicial review must depend "upon an appreciation of the nature and limits of the judicial function". We learn from this that there are some matters which the courts are extremely unwilling to review because they are ...

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