Religion and Law in Australia

Name: Religion and Law in Australia
Brand: Kluwer Law International
Price: 86.49 EUR
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Paul Babie Joshua Neoh James Krumrey-Quinn Chong Tsang(Autor*in)

Kluwer Law International (Verlag)

2. Auflage

Erschienen am 17. Dezember 2018

272 Seiten

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Autor*in

Paul Babie

Paul Babie is Professor of Law, Associate Dean of Law (International), Adelaide Law School, Associate Dean (International), Faculty of the Professions, and Director of the Law and Religion Project of the Research Unit for the Study of Society, Ethics and Law at the University of Adelaide, Australia. He holds a BA in sociology and political science from the University of Calgary, a BThSt from Flinders University, an LLB from the University of Alberta, an LLM from the University of Melbourne, and a DPhil in law from the University of Oxford. In 2017 he was elected a Fellow of the Australian Academy of Law. His primary research areas are legal theory, especially the nature and concept of property, and law and religion, especially the relationship between theology and law; he has published widely in both areas. He is a Barrister and Solicitor (Inactive) of the Court of Queen's Bench of Alberta (Canada), and an Associate Member and a Member of the Property Law Committee of the Law Society of South Australia. He teaches property law, property theory, law and religion, and Roman law.

Joshua Neoh

Joshua Neoh is a Senior Lecturer in Law at the Australian National University (ANU), Australia. He has an LLB, LLM and PhD from the ANU, Yale and Cambridge, respectively. Within the field of law and religion, he is especially interested in the intersection of legal theory and theology.

James Krumrey-Quinn

James Krumrey-Quinn is a solicitor at Lieschke and Weatherill Lawyers, Adelaide, Australia, working in industrial, employment and workers' compensation law. He studied law at the University of Adelaide where he received first class honours. Besides law and religion, he has interests in critical theory, evidence law, employment law, industrial law and international law.

Chong Tsang

Chong Tsang is currently a solicitor in the dispute resolution division of King & Wood Mallesons, Australia. He holds degrees in Commerce and Law from the University of Adelaide, and a Master of Law from the University of Cambridge. His academic interests include the interaction between religion and the law, the development of private law, and evidence law.

Inhalt

Intro
Title Page
Copyright Page
The Authors
Table of Contents
List of Abbreviations
Preface
Acknowledgements
General Introduction
§1. GENERAL BACKGROUND
§2. SOCIAL FACTS ABOUT RELIGION
§3. HISTORICAL BACKGROUND
I. Pre-1788: Indigenous History and Spirituality
II. 1788-1819: European 'Discovery' and 'Settlement'
III. 1820-1850: Transition from 'Penal Colony' to 'British Colony'
IV. 1851-1900: Decline of Establishment
V. 1901: Federation
VI. 1901-2010: Post-Federation
Part I. Legal Framework and Sources
Chapter 1. General Protections for Religion
§1. THE COMMONWEALTH CONSTITUTION
I. Preamble
II. Section 116
III. External Affairs Power
IV. Oaths of Office
§2. STATE CONSTITUTIONS
I. Tasmania
II. State Constitutional Oaths
§3. STATUTORY BILLS OF RIGHTS
§4. COMMON LAW RULE OF STATUTORY INTERPRETATION
§5. AUSTRALIAN HUMAN RIGHTS COMMISSION (AHRC) INQUIRIES
§6. ABSENCE OF REGULATION
Chapter 2. Sui Generis Protections of Religion
§1. CHILDREN
§2. FOOD
I. Ritual Slaughter
II. Food Labelling
III. Food Export
§3. CLOTHES AND APPEARANCE
§4. OATHS AND AFFIRMATIONS IN COURT PROCEEDINGS
§5. CONSCIENTIOUS OBJECTION
Chapter 3. Typology of the System
§1. FLEXIBLE SEPARATION
§2. NON-INTERVENTION
§3. NEUTRALITY
§4. EQUALITY
§5. SECULARITY
§6. FREEDOM OF RELIGION AND BELIEF
Part II. Religious Freedom in General
Chapter 1. Individual Religious Freedom
§1. SCOPE OF SECTION 116
I. The Need for Commonwealth Legislative Power
II. No Guarantee of Religious Freedom
III. The Need for Government Action
IV. Actions of the States
§2. DEFINITION OF RELIGION AND RELIGIOUS BELIEF
I. Wilson and Deane JJ
II. Mason ACJ and Brennan J
III. Murphy J
§3. PROTECTED MANIFESTATIONS OF RELIGION
Chapter 2. Collective and Organizational Religious Freedom
§1. CONSTITUTIONAL AND LEGISLATIVE PROTECTIONS
I. Indigenous Communities
II. Corporations
§2. EXEMPTIONS TO LEGISLATION
Part III. Legal Status of Religious Communities
Chapter 1. Formal Status of Religious Communities
§1. UNINCORPORATED ASSOCIATIONS
§2. STATUTORY INCORPORATION SCHEMES
I. Incorporation
II. Associations Incorporation
§3. PRIVATE ACT OF PARLIAMENT
Chapter 2. Autonomy of Religious Communities
§1. GENERALLY
§2. VOLUNTARY ASSOCIATIONS
§3. INCORPORATION THROUGH STATUTE
Chapter 3. Fundamental Rights and Religious Communities
Chapter 4. Contractual Religious Freedom
Part IV. International, Transnational and Regional Effects on Religious Communities
Chapter 1. International Law Effects on Religious Communities
§1. BASIC PRINCIPLES
§2. INTERNATIONAL LEGAL INSTRUMENTS ON THE FREEDOM OF RELIGION RELEVANT TO AUSTRALIA
§3. LEGISLATIVE TRANSFORMATION OF INTERNATIONAL LEGAL NORMS ON THE FREEDOM OF RELIGION
§4. COMMON LAW TRANSFORMATION OF INTERNATIONAL LEGAL NORMS ON THE FREEDOM OF RELIGION
§5. INDIGENOUS RELIGIOUS BELIEFS AND CUSTOMS
Chapter 2. Transnational Law Effects on Religious Communities
Chapter 3. Regional Law Effects on Religious Communities
Part V. Religion and Politics
Chapter 1. Religious Influence in Politics
§1. OATH OR AFFIRMATION
§2. PRAYER IN PARLIAMENT
§3. RELIGIOUS ORGANIZATIONS IN POLITICS
Chapter 2. Political Influence in Religion
§1. INQUIRY INTO CHILD SEXUAL ABUSE IN RELIGIOUS INSTITUTIONS
§2. INDIGENOUS RELIGIOUS BELIEFS
§3. 'INTEGRATION' OF 'MUSLIMS'
Chapter 3. Interaction Between Religion and State on a Political and Legal Level
§1. RELATIONSHIP BETWEEN THE PREAMBLE AND SECTION 116 OF THE CONSTITUTION
§2. CONSCIENCE VOTE
§3. RELIGIOUS RHETORIC OF POLITICAL LEADERS
Part VI. Labour Law and Religion
Chapter 1. Scope of Application of Labour Law
§1. IS THERE A CONTRACT?
§2. IS THE CONTRACT ONE OF EMPLOYMENT?
§3. WILL RELIGIOUS LAW EVER APPLY?
Chapter 2. Religious Ministers and Labour Law
§1. NON-DISCRIMINATION
§2. INCOME AND FRINGE BENEFITS TAXATION
§3. WORKERS' COMPENSATION LEGISLATION
§4. WORKING WITH CHILDREN
Chapter 3. Other Employees and Labour Law
§1. NON-DISCRIMINATION
§2. RELIGIOUS WORSHIP IN THE WORKPLACE
§3. TRADE UNION MEMBERSHIP
§4. HOLIDAYS
§5. INCOME TAXATION
Part VII. Religious Communities and Protections of the Individual
Chapter 1. Protection of Privacy
§1. DATA PROTECTION
§2. RIGHT TO PRIVACY
§3. SACRED ABORIGINAL SITES, OBJECTS, LAWS AND CUSTOMS
I. Heritage Legislation
II. Cultural Rights
III. Equitable Right over Information of Religious and Cultural Significance
IV. Public Interest Immunity
V. Common Law Rule of Statutory Construction
Chapter 2. Freedom to Marry
Chapter 3. Freedom of Expression
§1. COMMON LAW RULE OF STATUTORY CONSTRUCTION
§2. RIGHT TO FREEDOM OF EXPRESSION
§3. IMPLIED CONSTITUTIONAL FREEDOM OF POLITICAL COMMUNICATION
§4. ANTI-VILIFICATION LEGISLATION
I. Religious Vilification
A. Vilification from Members of Other Religious Organizations
B. Vilification from Lay Persons
C. Vilification from Within Religious Organizations
II. Racial Vilification
III. Vilification on Other grounds
§5. ABORTION SAFE ZONES
§6. OTHER CRIMINAL OFFENCES
Chapter 4. Due Process Norms and Religious Groups
§1. DUE PROCESS IN THE SECULAR COURTS
§2. DUE PROCESS AND ADMINISTRATIVE DECISION-MAKERS
§3. DUE PROCESS AND RELIGIOUS ORGANIZATIONS
Chapter 5. Professional Secrecy
§1. RELIGIOUS CONFESSIONS
§2. ECCLESIASTICAL CENSURE
§3. OTHER PROFESSIONAL CONFIDENTIAL COMMUNICATIONS
§4. MANDATORY REPORTING OF CHILD SEXUAL ABUSE
Chapter 6. Medical Deontology
§1. REFUSAL OF TREATMENT
I. Blood Transfusions
II. Abortion
III. Parentage Testing
§2. REFUSAL TO TREAT
I. Abortion
II. Assisted Reproductive Therapy
III. Withdrawal of Life-Sustaining Treatment
IV. Voluntary Euthanasia
§3. MEDICAL RESEARCH
Chapter 7. Non-discrimination
§1. NON-DISCRIMINATION LEGISLATION
I. Prohibition of Discrimination
II. Specific Exemptions
A. Religious Orders
B. Religious Observance or Practice Exemption
C. Religious Bodies Exemption
D. Other Religious Exemptions
III. Special Measures
IV. Defence of Statutory Authority
§2. VICTIMIZATION
§3. RIGHT TO EQUALITY
§4. INQUIRIES BY AHRC
Chapter 8. Penal Law and Religion
§1. RELIGIOUS OFFENCES
§2. OFFENCES PROHIBITING CERTAIN RELIGIOUS CONDUCT
§3. OFFENCES PROTECTING RELIGIOUS GROUPS
§4. OFFENCES BY RELIGIOUS MINISTERS
§5. RELIGIOUS BELIEF OR PRACTICE AS A DEFENCE
§6. RELIGION IN SENTENCING
Part VIII. Church Financing in Australia
Chapter 1. Funding from the Public
§1. DISPOSITIONS BY GIFT AND TRUST
§2. UNDUE INFLUENCE AND OTHER DOCTRINES
§3. CHARITABLE STATUS
I. Reforms
II. Definition of a Charity
III. Not-for-Profit Entity
IV. Charitable Purposes
V. Advancement of Religion
VI. Public Benefit
A. Advancing Religion
B. Generally
C. Disqualifying Purposes
VII. Basic Religious Charities
Chapter 2. Taxation Benefits
§1. COMMONWEALTH TAXES
I. Income Tax
II. Fringe Benefits Tax
III. Goods and Services Tax (GST)
IV. Deductible Gift Recipients
§2. STATE AND TERRITORY TAXES
I. Payroll Tax
II. Land Tax
III. Stamp Duty
IV. Rates
Chapter 3. Prohibiting or Facilitating Financing by Legislation
Chapter 4. State Fundraising Legislation
Part IX. Education
§1. THE AUSTRALIAN NATIONAL CURRICULUM
§2. NATIONAL SCHOOL CHAPLAINCY PROGRAMME
Chapter 1. Religious Education in Government Schools and Universities
§1. GOVERNMENT SCHOOLS
§2. CONSCIENTIOUS OBJECTION TO ATTENDANCE AT PARTICULAR CLASSES
§3. RELIGIOUS WORSHIP AND OBSERVANCES
§4. NON-DISCRIMINATION
Chapter 2. Religious Schools, Universities and Theological Colleges
§1. ESTABLISHMENT AND OPERATION
§2. HOME-SCHOOLING
§3. PUBLIC FUNDING
§4. NON-DISCRIMINATION
Part X. Matrimonial and Family Law
Chapter 1. Legal Position of Religious Marriage
§1. MINISTERS OF RELIGION PERFORMING MARRIAGES
§2. FORM OF CEREMONY
§3. NON-LEGAL RELIGIOUS CEREMONIES
§4. POLYGAMY
§5. ARRANGED MARRIAGE
§6. UNDERAGE MARRIAGE
§7. SAME-SEX MARRIAGE
Chapter 2. Legal Position of Religious Family Law
§1. DIVORCE
§2. PROPERTY SETTLEMENT
§3. CHILDREN
Part XI. Religion and Culture
Chapter 1. Religion and Art
Chapter 2. Religion and Media
Chapter 3. Religion and Civil Society
Chapter 4. Religion and Public Debate
§1. RIGHT-WING CHRISTIAN ORGANIZATIONS
§2. INDIGENOUS PEOPLES
§3. MUSLIM MINORITY
Selected Bibliography
Index

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