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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.
This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.
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.
"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
This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can sa...
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.
This book analyzes the contemporary politics of immigration from the asylum crisis to Islamophobia, multiculturalism, and post-colonialism.
Sabah's 2020 election was Malaysia's pandemic election. While attention has centred on the impact the election had on the increase of COVID-19, this collection brings together scholars, journalists and social scientists who were on the ground on Sabah to analyse what happened, why, and the broader implications of the outcome for Sabah and Malaysian politics. The book is the first in-depth study of a Sabah election. It is multidisciplinary, with authors from different perspectives, and the majority of the authors are from Sabah. Traditional explanations prioritize the federal-state relationship in shaping Sabah politics. This collection challenges this paradigm, suggesting that politics in Sabah should be better understood as a reflection of conditions within Sabah—as Sabahans struggle to navigate and survive on Malaysia's periphery.
A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.
This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.