A Neutral State Constitutional Legal And Historical Aspects Of Church State Relations In Australia
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A Neutral State Constitutional Legal And Historical Aspects Of Church State Relations In Australia
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Author : Charlotte Baines
language : en
Publisher:
Release Date : 2013
A Neutral State Constitutional Legal And Historical Aspects Of Church State Relations In Australia written by Charlotte Baines and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Today, freedom of religion is important for faith leaders in Australia and also in Europe, the United States and other parts of the world. My study aims to explore how the church and state relationship in contemporary Australia has been influenced by constitutional, legal and historical arrangements. My focus is on the spheres of education, the law and legal system as these are the most common areas of church-state contention. I argue that pragmatic changes to the church and state relationship are increasingly recognising the value of religious freedom but not always protecting it as an existing human right.My data comprise a sample of nineteenth and twentieth century newspaper articles, interviews with Australian faith leaders, public submissions received from two national consultations and six court cases, all from Australia. My study is a contribution to existing scholarship on the church and state relationship in contemporary Australia.My study found that from European settlement to the twenty-first century the church and state relationship has been characterised by four different arrangements: establishment, plural establishment, liberal separationism, and pragmatic pluralism. Australia has no overriding legal or policy principle to guide state limitations on freedom of religion. State neutrality as an aspirational goal is not fully realised in contemporary Australia, as state neutrality can be used as a vehicle to discriminate against some or all faith groups. Against a backdrop of increasing religious diversity, the aspirational goal towards state neutrality is not just an academic question but an every-day reality that has consequences for Australia and Australians. Two recommendations are made. First, that a range of stakeholders from faith leaders to policy makers and academics convene a national forum with a view to reaching agreement on an overarching church-state framework that can accommodate the growth of religious diversity in contemporary Australia. Second, that as part of these national discussions, the government considers the need to reconceptualise the principles and institutions of liberal democracy that are important for accommodating religious diversity.
State Neutrality
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Author : Kerry O'Halloran
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-21
State Neutrality written by Kerry O'Halloran and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-21 with Law categories.
O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.
Freedom Of Religion Under Bills Of Rights
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Author : Paul Babie
language : en
Publisher: University of Adelaide Press
Release Date : 2012
Freedom Of Religion Under Bills Of Rights written by Paul Babie and has been published by University of Adelaide Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
"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
A Secular Age
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Author : Charles Taylor
language : en
Publisher: Harvard University Press
Release Date : 2018-09-17
A Secular Age written by Charles Taylor and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-17 with Philosophy categories.
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.
New Directions For Law In Australia
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Author : Ron Levy
language : en
Publisher: ANU Press
Release Date : 2017-09-22
New Directions For Law In Australia written by Ron Levy and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-22 with Law categories.
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Current Law Index
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Author :
language : en
Publisher:
Release Date : 1999
Current Law Index written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A Discourse Concerning Western Planting
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Author : Richard Hakluyt
language : en
Publisher:
Release Date : 1877
A Discourse Concerning Western Planting written by Richard Hakluyt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1877 with History categories.
State And Religion
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Author : Renae Barker
language : en
Publisher: Routledge
Release Date : 2018-09-03
State And Religion written by Renae Barker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
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.
A Principled Framework For The Autonomy Of Religious Communities
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Author : Alex Deagon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-02-23
A Principled Framework For The Autonomy Of Religious Communities written by Alex Deagon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-23 with Law categories.
This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality. It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities. The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.
Religious Freedom In The Liberal State
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Author : Rex Ahdar
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
Religious Freedom In The Liberal State written by Rex Ahdar and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.
