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The University of Notre Dame Australia

Law Papers and Journal Articles

Series

2016

Liberal democracies

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The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey Jan 2016

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey

Law Papers and Journal Articles

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …