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.
The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.
Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom.
Höhe: 156 mm
Breite: 234 mm
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Edited by Paul T. Babie, Neville G. Rochow Adelaide Law School, The University of Adelaide, Australia and Brett G. Scharffs, J Reuben Clark Law School, Brigham Young University, US
1. Creating and Conserving Constitutional Space
Paul Babie, Neville Rochow, and Brett Scharffs
Part I. The Concept of Constitutional Space and Freedom of Religion or Belief
2. Religious Freedom as an Element of the Human Rights Framework
Carolyn Evans and Cate Read
3. The Problem and the Promise of Religious Liberty
4. "A la carte" Spirituality and the Future of Freedom of Religion
5. Towards a Constitutional Definition of Religion: Challenges and Prospects
6. Freedom of Religion without a Bill of Rights: Australia's Peculiar Approach to Tackling Freedom of Religion and other Human Rights Issues
7. Conscience, Expression and the Commonwealth Constitution: The effect of s 116 on the implied freedom of political communication
B. Reasonable Accommodation
8. Conceptualizing Reasonable Accommodation
9. Protection of Religious Freedom under Australia's Amended Marriage Law: Constitutional and Other Issues
10. Identifying Faith-Based Entities for the Purposes of Anti-Discrimination Law
Part II. Comparative Perspectives
11. Reconciling Democracy and Human Rights: Implementing the Expressive Freedoms of the International Covenant on Civil and Political Rights under Australian Law
12. It Works Better, If It Is Not Too Secularised: The Croatian Constitutional Model of Regulating State-Church Relations
13. Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg
14. The Iraqi Constitutional Failure to Protect the Right to Freedom of Religion or Belief
Ewelina U. Ochab
15. An Assessment of the Constitutional Space for Secularity and Equality in India
Arvind P. Bhanu
16. The Development Trend Concerning Administration of Religion and Religious Affairs in China
17. Apostasy and Freedom of Religion in Malaysia
'Freedom of Religion or Belief is an exceptional contribution to the important debate over the potential conflicts between the freedom of religion and belief and other important freedoms. The book does a beautiful job of balancing chapters that explore the nature and importance of religious freedom and those that address the problems that can arise when religious freedom conflicts with the rights of others. Significantly, the book as a whole shows that these conflicts can be navigated without destroying religious freedom or other important freedoms.' -- Frank S. Ravitch, Michigan State University, US 'In this book, an impressive international cast of scholars provides an informative look at the protections for religious freedom in a variety of legal systems world-wide, together with a probing consideration of contemporary challenges to this freedom. The book constitutes a valuable contribution to the global discussion of "the first freedom."' -- Steven Smith, University of San Diego, US