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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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Non-justiciability

Shergill and others v Khaira and others [2014] UKSC 33, [2014] All ER (D) 83 (Jun)

Non-justiciability referred to a case where an issue was said to be inherently unsuitable for judicial determination by reason only of its subject-matter. There were two categories. The first comprised cases where the issue in question was beyond the constitutional competence assigned to the courts under the separation of powers. The second category comprised claims or defences which were based neither on private legal rights or obligations, nor on reviewable matters of public law. The law treated unincorporated religious communities as voluntary associations. It viewed the constitution of a voluntary religious association as a civil contract as it did the contract of association of a secular body. The courts would not adjudicate on the decisions of an association’s governing bodies unless there was a question of infringement of a civil right or interest. However, disputes about doctrine or liturgy were non-justiciable if they did not as a consequence engage civil rights or interests or reviewable questions of public law. The governing bodies

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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