Religious Freedom And The Australian Constitution
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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
Religious Freedom And The Australian Constitution
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Author : LUKE. BECK
language : en
Publisher: Routledge
Release Date : 2019-11-11
Religious Freedom And The Australian Constitution written by LUKE. BECK and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Constitutional law categories.
This book explores the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and the political activities and motives of a religious minority seeking to prevent it having a religious character.
Religious Freedom And The Australian Constitution
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Author : Luke Beck
language : en
Publisher: Routledge
Release Date : 2018-03-19
Religious Freedom And The Australian Constitution written by Luke Beck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-19 with Law categories.
This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
Freedom Of Religion Or Belief
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Author : Paul T. Babie
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-05-29
Freedom Of Religion Or Belief written by Paul T. Babie and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-29 with Law categories.
Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.
Religious Freedom And Discrimination
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Author : Justin Healey
language : en
Publisher:
Release Date : 2015-01
Religious Freedom And Discrimination written by Justin Healey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01 with Freedom of religion 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.
Religion And Law In Australia
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Author : Paul Babie
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-20
Religion And Law In Australia written by Paul Babie and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-20 with Religion categories.
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.
Legal Protection Of Religious Freedom In Australia
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Author : Carolyn Maree Evans
language : en
Publisher:
Release Date : 2012
Legal Protection Of Religious Freedom In Australia written by Carolyn Maree Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Religious Freedom In Australia A New Terra Nullius
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Author : Iain T Benson
language : en
Publisher:
Release Date : 2019-09-05
Religious Freedom In Australia A New Terra Nullius written by Iain T Benson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
The papers in this book flowed from a Religious Liberty Conference convened jointly by the Sydney School of Law of The University of Notre Dame Australia, the International Center for Law and Religion Studies at Brigham Young University and the Research Unit for the Study of Society, Ethics and the Law at the University of Adelaide in 2018. The papers reflect insights and concerns about religious freedom when the Ruddock Review was considering whether religious liberty in Australia needed greater protection. Since that time, the Morrison government has commissioned the Australian Law Reform Commission to report on five of the Ruddock recommendations, the Australian Human Rights Commission has released a discussion paper of its own and the Commonwealth Attorney-General has released a draft Religious Discrimination Bill for discussion. The matters raised in these papers remain valid.
Church And State
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Author : Thomas R. Frame
language : en
Publisher: UNSW Press
Release Date : 2006
Church And State written by Thomas R. Frame and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Few Australians realise that the Constitution does not formally separate Church and State. Tom Frame argues that some contact between organised religion and government is both inevitable and, in some circumstances, highly desirable. But there are continuing and unnecessary tensions, for which Christians are largely responsible. This book explores the nature of the tensions, and how to deal with them.