Non-justiciability

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