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Vol 25 No 2 Feb/March 2020

Book of the Month

Cover of Lewin on Trusts

Lewin on Trusts

Price: £395.00

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Why Religious Freedom Matters for Democracy: Comparative Reflections from Britain and France for a Democratic "Vivre Ensemble"


ISBN13: 9781509904747
To be Published: June 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation?

This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace.

Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Series: Hart Studies in Comparative Public Law

The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
To be published August 2020
Hart Publishing
£65.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
To be published June 2020
Hart Publishing
£40.00
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£30.00
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£35.00
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£50.00
£40.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£35.00
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£35.00
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£40.00
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£95.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£85.50
(ePub)
Buy
£50.00
£65.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£33.99
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published May 2018
Hart Publishing
£70.00
£63.00
(ePub)
Buy
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£33.99
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£85.00
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£36.00
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£65.00
£45.00
(ePub)
Buy
£100.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£33.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£70.00
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£31.50
(ePub)
Buy
£45.00
(ePub)
Buy
£100.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£36.99
£36.00
(ePub)
Buy
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£70.00
£31.50
(ePub)
Buy
Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£70.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£31.50
(ePub)
Buy
£70.00
£31.50
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£85.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£36.00
(ePub)
Buy
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£30.59
(ePub)
Buy
£35.09
(ePub)
Buy
£80.00
Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£70.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£30.59
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£28.79
(ePub)
Buy
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£65.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£75.00
£26.09
(ePub)
Buy
The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£80.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£31.49
(ePub)
Buy
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£80.00
£34.19
(ePub)
Buy
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
£42.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published January 2015
Hart Publishing
£39.59
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£33.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£75.00
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£72.00
(ePub)
Buy
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£108.00
(ePub)
Buy
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£110.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£72.00
(ePub)
Buy
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£75.00