Private Law Theory

ABSTRACT
This paper is about whether private law disputes are ever non-justiciable. I argue that, as a general rule, a private law dispute is justiciable if and only if the claim asserts that the plaintiff’s legal rights have been breached by the defendant. Contrary to recent suggestions, there is no rule that renders disputes non-justiciable because they involve religion. Rather, the only private law disputes that may be non-justiciable despite asserting the breach of a private right are those which would require a court to exceed its role under the separation of powers.

Oza, Manish, Justiciability in Private Law: Religion and Politics (November 12, 2025) (forthcoming), Osgoode Hall Law Journal.