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Full-Text Articles in Law
Equal, But Only Conceptually: Explaining The Phenomenon Of Religious Losses In Contemporary Canadian Constitutional Cases Involving Conflicting Rights, Mike Madden
Dalhousie Law Journal
If there is no hierarchy of rights in Canada, then why does freedom of religion so often seem to lose in cases of conflicts with other rights? This article discusses five recent Canadian cases (involving same-sex marriages, controversial medical practices, the wearing of a niqab, and a Christian university’s sexual conduct policy) in order to expose how the courts regularly characterize freedom of religion as being conceptually equal to other rights, before ruling against freedom of religion on the facts of the particular cases. This phenomenon within Canadian rights jurisprudence is then justified within the article by reference to a …
George R. R. Martin's Faith Militant In Modern America: The Establishment Clause And A State's Ability To Delegate Policing Powers To Private Police Forces Operated By Religious Institutions, Andrew Gardner
William & Mary Bill of Rights Journal
Since the very founding of the United States, the complex relationship between government and religion has troubled and concerned lawmakers. The Establishment Clause of the First Amendment to the United States Constitution was one of the first attempts to help define and restrain the government's role in that nexus. Thomas Jefferson, in a letter praising the Establishment Clause, famously wrote that the clause "buil[t] a wall of separation between Church [and] State." However, the extent of the protections that the Establishment Clause was intended to provide is unclear, and judges as well as legal scholars have struggled with interpreting the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.