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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.
Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.
Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
As a compact, liberal, industrialized democracy, 1980s New Zealand proved a useful place to try out the latest fads in market deregulation. This title presents a comprehensive chronicle and critical analysis of how well New Zealand's competition law fared in combatting mergers, monopolies, and cartels.
This book, written by a group of New Zealand scholars, theologians, historians and lawyers, examines the question of New Zealand's Western culture and Christianity. The contributors explore recent debates over secularisation, exploring its merits and explanatory power, while also showing its limitations.
"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 liberty is often called "the first freedom." For many years, few decisions made by the Supreme Court have been more significant for ordinary Americans than those concerning issues of church and state. By what criteria do the justices make these holdings? This analysis reaches beyond legal doctrines and focuses on four important aspects of change in the American religious landscape: increasing religious diversity; the rise of secularism; the fast growing political influence of gay and lesbian groups; and the pushback from conservative Christians caused by these trends. The author examines how these changes nation-wide have influenced the Supreme Court under Chief Justice John Roberts in dealing with church-state cases.
This volume addresses the philosophical and theoretical ramifications of human rights, and challenges made to them.
In this thesis, the US, Swiss, and Syrian models of religious freedom are illustrated in legal settings. The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the US and Swiss judiciary come to the conclusion that an alleged interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline of religious freedom rules, and secondly, to evaluate how much religious freedom is internalized in the US, Swiss, and Syrian legal systems. Dissertation. (Series: ReligionsRecht im Dialog - Vol. 12)
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.