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.
This new authoritative work guides the reader through the complex statutory provisions in the Australian human rights Acts, and provides detailed analysis of the key issues. Since Victoria and the ACT have become the first two Australian jurisdictions to introduce human rights Acts, this text is invaluable in helping lawyers, government agencies and all those whose rights are protected to rethink the role of human rights in law and government action. This book includes: Australian Human Rights Acts: Application and Scope; Obligations on the Legislature, the Executive and Public Authorities; Interpretation of legislation consistently with human rights; Human Rights Acts in courts and tribunals; Justified limitations on human rights; International Law and Comparative Law.
One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
In Treading on Sacred Grounds: Places of Worship, Local Planning and Religious Freedom in Australia, Noel Villaroman analyses the spatial or structural constraints to religious freedom as a result of local planning regulations in Australia.
The growing presence in Western society of non-mainstream faiths and spiritual practices poses a dilemma for the law. Building on a thorough history of the legal regulation of fortune-telling laws in four countries, Faith or Fraud examines the impact of people who identify as “spiritual but not religious” (SBNR) on the future legal understanding of religious freedom. Unlike SBNR belief systems that can encompass multiple religions, philosophies, and folklore, traditional legal interpretations of “freedom of religion” are based on organized religion and are ultimately shown to have failed to evolve along with ideas about religion itself.
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.
The focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.
The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and fam...