Freedom of Religion under Bills of Rights

doi:10.1017/9780987171818

Please note that this publication from Adelaide University Press may be freely downloadable from their website at
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Lawson, Charles Duncanson, Ian Babie, Paul and Simic, Olivera 2012. Book Reviews. Griffith Law Review, Vol. 21, Issue. 3, p. 797.

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Jolicoeur, Jason R. and Memmer, Amy 2018. Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards. Religions, Vol. 9, Issue. 6, p. 173.

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Bateman, Eliza 2019. 'His Garden a Wilderness' - The Balance between Equality and Freedom of Religion in Australia and Canada. SSRN Electronic Journal,

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Cowling, Misha Mei and Anderson, Joel R. 2019. The Role of Christianity and Islam in Explaining Prejudice against Asylum Seekers: Evidence from Malaysia. The International Journal for the Psychology of Religion, Vol. 29, Issue. 2, p. 108.

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Possamai, Adam and Possamai-Inesedy, Alphia 2021. Freedom of Religion in post-secular Australia. Social Compass, Vol. 68, Issue. 3, p. 359.

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Edited by Paul Babie, University of Adelaide, Neville Rochow, Howard Zelling Chambers in Adelaide, South Australia

Publisher:: The University of Adelaide Press
Online publication date:: June 2013
Print publication year:: 2012
Online ISBN:: 9780987171818
DOI:: https://doi.org/10.1017/9780987171818

Subjects:: Constitutional and Administrative Law, Law: General Interest, Law

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How can a nation protect fundamental rights and freedoms, including religious freedom, within a liberal democratic context? The objective of the essays presentedin this volume is to provide an overview of the principal modelsused to protect fundamental freedoms, and especially the right to freedom of belief,expression and practice of ones religion, in major liberal democratic systems. A range of viewpoints are presented in a comparative way in orderto obtain insights, reveal strengths, weaknesses and differences of opinion, and tolearn from the lessons of others, how religion might be and has been protected.

At the heart of this judiciously edited collection of essays is the contentious debate in Australia about whether to adopt a national bill of rights. ... Many readers will be surprised to learn that Australia lacks a national bill of rights; it is the only modern Western nation without one. ... Paul Babie, Neville Rochow and their colleagues in the new Research Unit for the Study of Law, Religion and Society at the University of Adelaide have brought together a strong cast of Australian and international scholars to put the Australian issues in sharp comparative relief.'

John Witte Source: Atlanta Ecclesiastical Law Journal

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Contents

Contents

Select Frontmatter

Frontmatter
pp i-iv

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Select Contents

Contents
pp v-vi

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Select Acknowledgments

Acknowledgments
pp vii-viii

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Select List of Contributors

List of Contributors
pp ix-x

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Select Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
pp xi-xxiv

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Select INTRODUCTION

INTRODUCTION

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Select 1 - Protecting Religious Freedom under Bills of Rights: Australia as Microcosm

1 - Protecting Religious Freedom under Bills of Rights: Australia as Microcosm
pp 1-11

By Paul Babie, The University of Adelaide, Neville Rochow, South Australia

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Select SETTING THE SCENE

SETTING THE SCENE

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Select 2 - How Religion Constrains Law and the Idea of Choice

2 - How Religion Constrains Law and the Idea of Choice
pp 12-28

By Ngaire Naffine, The University of Adelaide

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Select 3 - Is the Emperor Wearing the Wrong Clothes? Human Rights and Social Good in the Context of Australian Secularity: Theological Perspectives

3 - Is the Emperor Wearing the Wrong Clothes? Human Rights and Social Good in the Context of Australian Secularity: Theological Perspectives
pp 29-50

By Bruce Kaye, Charles Sturt University

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Select 4 - Anniversary Overlap: Or What happens when St Paul Meets the Universal Declaration of Human Rights

4 - Anniversary Overlap: Or What happens when St Paul Meets the Universal Declaration of Human Rights
pp 51-62

By Alan Cadwallader, Australian Catholic University

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Select CONTEMPORARY FREEDOM OF RELIGION ISSUES

CONTEMPORARY FREEDOM OF RELIGION ISSUES

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Select 5 - Defamation and Vilification: Rights to Reputation, Free Speech and Freedom of Religion at Common Law and under Human Rights Laws

5 - Defamation and Vilification: Rights to Reputation, Free Speech and Freedom of Religion at Common Law and under Human Rights Laws
pp 63-85

By Neil Foster, University of Newcastle

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Select 6 - Should an Australian Bill of Rights Address Emerging International Human Rights Norms? The Challenge of ‘Defamation of Religion’

6 - Should an Australian Bill of Rights Address Emerging International Human Rights Norms? The Challenge of ‘Defamation of Religion’
pp 86-116

By Robert C Blitt, University of Tennessee

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Select 7 - Christian Concerns about an Australian Charter of Rights

7 - Christian Concerns about an Australian Charter of Rights
pp 117-151

By Patrick Parkinson, University of Sydney

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Select 8 - Apostasy in Islam and the Freedom of Religion in International Law

8 - Apostasy in Islam and the Freedom of Religion in International Law
pp 152-171

By Asmi Wood, Australian National University

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Select COMPARATIVE EXPERIENCE WITH FREEDOM OF RELIGION

COMPARATIVE EXPERIENCE WITH FREEDOM OF RELIGION

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Select 9 - Political Culture and Freedom of Conscience: A Case Study of Austria

9 - Political Culture and Freedom of Conscience: A Case Study of Austria
pp 172-189

By David M Kirkham, Brigham Young University

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Select 10 - The Sky is Falling if Judges Decide Religious Controversies! – Or is it? The German Experience of Religious Freedom Under a Bill of Rights

10 - The Sky is Falling if Judges Decide Religious Controversies! – Or is it? The German Experience of Religious Freedom Under a Bill of Rights
pp 190-215

By Cornelia Koch, The University of Adelaide

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Select 11 - Religious Freedom in a Secular Society: The Case of the Islamic Headscarf in France

11 - Religious Freedom in a Secular Society: The Case of the Islamic Headscarf in France
pp 216-238

By Nicky Jones, University of Southern Queensland

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Select 12 - Religious Freedom in the UK after the Human Rights Act 1998

12 - Religious Freedom in the UK after the Human Rights Act 1998
pp 239-252

By Ian Leigh, University of Durham

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Select 13 - Judicial Interpretation, Neutrality and the US Bill of Rights

13 - Judicial Interpretation, Neutrality and the US Bill of Rights
pp 253-284

By Frank S Ravitch, Michigan State University

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Select 14 - Protecting Religious Freedom: Two Counterintuitive Dialectics in US Free Exercise Jurisprudence

14 - Protecting Religious Freedom: Two Counterintuitive Dialectics in US Free Exercise Jurisprudence
pp 285-320

By Brett G Scharffs, Brigham Young University

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Select 15 - Walking the Tightrope: The Struggle of Canadian Courts to Define Freedom of Religion under the Canadian Charter of Rights and Freedoms

15 - Walking the Tightrope: The Struggle of Canadian Courts to Define Freedom of Religion under the Canadian Charter of Rights and Freedoms
pp 321-348

By Barbara Billingsley, University of Alberta

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Select 16 - Quo Vadis The Free Exercise of Religion? The Diminishment of Student Religious Expression in US Public Schools

16 - Quo Vadis The Free Exercise of Religion? The Diminishment of Student Religious Expression in US Public Schools
pp 349-364

By Charles J Russo, University of Dayton

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Select 17 - Freedom from Discrimination on the Basis of Religion

17 - Freedom from Discrimination on the Basis of Religion
pp 365-370

By Kris Hanna, South Australian House of Assembly

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Select 18 - Ruminations from the Shaky Isles on Religious Freedom in the Bill of Rights Era

18 - Ruminations from the Shaky Isles on Religious Freedom in the Bill of Rights Era
pp 371-392

By Rex Tauati Ahdar, National University of Samoa

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Select 19 - Indigenous Peoples and Bills of Rights

19 - Indigenous Peoples and Bills of Rights
pp 393-421

By Paul Rishworth, University of Auckland

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Select TABLE OF LEGISLATION AND INTERNATIONAL INSTRUMENTS

TABLE OF LEGISLATION AND INTERNATIONAL INSTRUMENTS
pp 422-436

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Select INDEX

INDEX
pp 437-440

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Freedom of Religion under Bills of Rights

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