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Full-Text Articles in Law
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 …