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Enforcing Conformity: Criminalising Religiously Inspired Acts, Michael Quinlan
Enforcing Conformity: Criminalising Religiously Inspired Acts, Michael Quinlan
Law Papers and Journal Articles
This article considers current and foreshadowed Australian exclusion zone laws against the religious freedom, freedom of expression and peaceful assembly protections in the International Covenant on Civil and Political Rights (ICCPR). Exclusion zone laws criminalise activities which occur within designated areas around facilities which terminate pregnancies. Proscribed activities include communication and encompass public prayer, the offer of counselling and protest (no matter how quiet, respectful or caring). To date those prosecuted under these laws have been Christians whose actions were non-violent and motivated by their religious faith. The article argues that there is insufficient evidence that such actions cause harm …
Litigation, Liberty, And Legitimation: The Experience Of The Church Of Scientology In Australian Law, Bernard Doherty, James T. Richardson
Litigation, Liberty, And Legitimation: The Experience Of The Church Of Scientology In Australian Law, Bernard Doherty, James T. Richardson
Law Papers and Journal Articles
Freedom of religion, the paradigm of freedom of conscience, is of the essence of a free society. The chief function in the law of a definition of religion is to mark out an area within which a person subject to the law is free to believe and to act in accordance with his belief without legal restraint.
Religious Liberty In Australia: Some Suggestions And Proposals For Reframing Traditional Categorisations, Iain T. Benson
Religious Liberty In Australia: Some Suggestions And Proposals For Reframing Traditional Categorisations, Iain T. Benson
Law Papers and Journal Articles
No abstract is available for this article.
Christianity And The Law: Trial Separation Or Acrimonious Divorce?, Michael Quinlan
Christianity And The Law: Trial Separation Or Acrimonious Divorce?, Michael Quinlan
Law Papers and Journal Articles
This article considers the relationship between Christianity and the law in Australia beginning with the arrival of the First Fleet and the declaration of the Swan River Colony. It examines in some detail the influence of the Western legal tradition and of Christianity on the jurisprudence relating to one elemental aspect of Western society: marriage. It considers the make-up of contemporary Australia, contemporary attitudes to religion and the relationship between law and religion in Australia. The article concludes that the once close relationship between law and religion may be better described today not as a trial separation but as an …
Constitutionality Of Communication Prohibitions Around Abortion Clinics, Greg Walsh
Constitutionality Of Communication Prohibitions Around Abortion Clinics, Greg Walsh
Law Papers and Journal Articles
Laws prohibiting a range of conduct in the vicinity of a hospital, clinic or other premise that performs abortions have been enacted in Tasmania, Victoria, the Australian Capital Territory and the Northern Territory. One of the prohibitions involves preventing certain types of communication around premises that perform abortion. It is unclear whether this prohibition is consistent with the implied freedom of political communication. A central consideration in determining whether the prohibition is compatible with the implied freedom is the extent of the burden imposed on political communication. The prohibition may be unconstitutional as it places a substantial burden on political …
Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo
Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo
Law Papers and Journal Articles
Even as Australia and the United States (US) are becoming increasingly secularised, they retain a significant number of faith-based primary and secondary schools. Aware of the tension between changing societal norms and the freedoms associated with religious institutions, the main part of this paper is divided into two sections. The first part surveys the relevant constitutional and anti-discrimination laws in Australia and the US along with exemplary litigation on how these statutes are applied. The second section offers six suggestions for school administrators who are wrestling with the challenge of preserving the faith-based ethos in their schools in the face …