Download or read book Freedom of Religion Under Bills of Rights written by Paul Babie and published by University of Adelaide Press. This book was released on 2012 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Download or read book State and Religion written by Renae Barker and published by Routledge. This book was released on 2018-09-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its increasingly secular and religiously diverse population Australia faces many challenges in determining how the state and religion should interact. Australia is not unique in facing these challenges. States worldwide, including common law countries with shared legal and religious heritages, have also been faced with the question of how the state and religion should relate to one another. Countries such as the United Kingdom, Canada, New Zealand and the United States have all had to grapple with how to manage the state-religion relationship in the present day. This book provides a comprehensive historical review of the interaction of the state and religion in Australia. It brings together multiple examples of areas in which the state and religion interact, and reviews these examples across Australia’s history from settlement through to present day. The book sets this story within a wider theoretical context via an examination of theories of state-religion relationships as well as a comparison with other similar common law jurisdictions. The book demonstrates how the solutions arrived at in Australia is uniquely Australian owing to Australia’s unique legal system, religious demographics and history. However this is just one possible outcome among many that have been tried in common law liberal democracies.

Download or read book Law s Religion written by Benjamin L. Berger and published by University of Toronto Press. This book was released on 2016-01-28 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.

Download or read book Religion and Law written by Dr Peter W Edge and published by Ashgate Publishing, Ltd.. This book was released on 2013-05-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.

Download or read book Law and Religion in Public Life written by Nadirsyah Hosen and published by Taylor & Francis. This book was released on 2011-04-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.

Download or read book Religion and Law in Australia written by Paul Babie and published by Kluwer Law International B.V.. This book was released on 2022-11-20 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Australia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Australia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Download or read book Religion Liberty and the Jurisdictional Limits of Law written by Iain T. Benson and published by . This book was released on 2017-09 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

Download or read book Law Religion Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Download or read book Religion Law and Tradition written by Andrew Huxley and published by Routledge. This book was released on 2012-10-12 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.

Download or read book Legal Protection of Religious Freedom in Australia written by Carolyn Maree Evans and published by . This book was released on 2012 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role and place of religion in Australia has become more contested and controversial in recent years. This important new book examines the extent to which religious freedom is protected in Australian law and explores some of the many ways in which the law and religion intersect. Through a series of case studies, Evans demonstrates the complex nature of the regulation of religion and the difficulties in reconciling competing claims from those who argue that religion is under attack and those who argue that religion is given too much power to undermine the rights of others. In a balanced and insightful manner, Evans explains the legal dimension to issues such as the religious vilification laws, the extent to which religious organizations are bound by discrimination laws, and the use of oaths in courtrooms. Evans brings together into a single volume, a wealth of information and insight that will appeal both to professional who need to deal with religious issues in a legal context and also the reader who is interested in the role of religion in Australian law and society.

Download or read book Law and Religion in Theoretical and Historical Context written by Peter Cane and published by Cambridge University Press. This book was released on 2011-05-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Download or read book Routledge Handbook of Law and Religion written by Silvio Ferrari and published by Routledge. This book was released on 2015-03-05 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

Download or read book Law and Religion in the Liberal State written by Md Jahid Hossain Bhuiyan and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.

Download or read book Freedom of Conscience and Religion written by Richard Moon and published by Essentials of Canadian Law. This book was released on 2014 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)

Download or read book Law Religion and Homosexuality written by Paul Johnson and published by Routledge. This book was released on 2014-05-09 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law – in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators – the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.

Download or read book A Secular Age written by Charles Taylor and published by Harvard University Press. This book was released on 2018-09-17 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of religion in society has changed profoundly in the last few centuries, particularly in the West. In what will be a defining book for our time, Taylor takes up the question of what these changes mean, and what, precisely, happens when a society becomes one in which faith is only one human possibility among others.

Download or read book Religion Matters written by Paul Babie and published by Springer Nature. This book was released on 2020-03-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws together leaders in science, the health sciences, the humanities, and the social sciences to investigate the role of religion, its meaning and relevance, for their area of specialization. It provides a much-needed fresh perspective on the way in which religion operates within the modern, neo-liberal world. The book approaches the topic by way of a critical engagement between religion, broadly defined, and the individual disciplines in which each of the contributors is expert. Rather than simply taking the dogmatic position that religion offers something to every possible discipline, each of the chapters in this collection addresses the question: is there something that religion can offer to the discipline in question? That is the value of the book – it takes a truly critical stance on the place of religion in contemporary society.