The political unconscious of the English foreign act of state and non-justiciability doctrine(s)

摘要

This article reviews the history and politics of the English foreign act of state and non-justiciability doctrines in light of recent judgments in Belhaj and Rahmatullah. It argues that the doctrines have a political unconscious – a term borrowed from literary theorist Fredric Jameson – and that an appreciation of this should inform the Supreme Court’s approach to the forthcoming appeals