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Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms

Edited by: Paul T. Babie, Neville G. Rochow, Brett G. Scharffs

ISBN13: 9781788977791
Published: May 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £128.00

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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.

Human Rights and Civil Liberties
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
A. Content
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
Joel Harrison
4. A la carte Spirituality and the Future of Freedom of Religion
Jeremy Patrick
5. Towards a Constitutional Definition of Religion: Challenges and Prospects
Alex Deagon
6. Freedom of Religion without a Bill of Rights: Australia’s Peculiar Approach to Tackling Freedom of Religion and other Human Rights Issues
Renae Barker
7. Conscience, Expression and the Commonwealth Constitution: The effect of s 116 on the implied freedom of political communication
Joshua Forrester
B. Reasonable Accommodation
8. Conceptualizing Reasonable Accommodation
Brett Scharffs
9. Protection of Religious Freedom under Australia’s Amended Marriage Law: Constitutional and Other Issues
Neil Foster
10. Identifying Faith-Based Entities for the Purposes of Anti-Discrimination Law
Mark Fowler
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
Paul Taylor
12. It Works Better, If It Is Not Too Secularised: The Croatian Constitutional Model of Regulating State-Church Relations
Vanja-Ivan Savić
13. Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg
Mark Hill
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
Ping Xiong
17. Apostasy and Freedom of Religion in Malaysia
Joshua Neoh