Religion and Law: An IntroductionDiscussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions - the United Kingdom, the United States, Canada, New Zealand, Australia, and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. |
Contents
What is Religion? | 27 |
Approaching the Literature | 34 |
Religious Interests in International Law | 44 |
Religious Interests in Generally Applicable Domestic Guarantees | 64 |
The State and the Individual | 79 |
Refusing a Positive Duty to | 87 |
Conclusions | 93 |
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Common terms and phrases
African Amendment applicable Article 9 Australia Bradney cannabis chapter Church of England Church of Scientology claims clergy Commission concern consider Constitution context Convention on Human decision definition of religion developed discrimination discussion duties ECHR EHRR employment law established European Convention exemption free exercise freedom of religion fundamental guarantees House of Lords HUDOC Human Rights Act ibid ICCPR important individual instance international law interpretation involved ISKCON issues Jehovah's Witnesses judge judgement jurisdiction law and religion Law Journal Law Review legal system legislation legislature limited Lords Spiritual manifestation minister minister of religion op.cit Oxford particular religious peyote places of worship prohibition protection purposes Rastafarians recognised registration relation relationship religion or belief religious beliefs religious community religious freedom religious interests religious liberty religious organisation religious practices religious rights restriction role rules sacred Scientology seeking social Supreme Court UDHR United Kingdom violation Zealand