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Articles 1 - 30 of 106
Full-Text Articles in Comparative and Foreign Law
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi
BYU Law Review
Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …
The Agreements Between Church And State: The Italian Perspective, Elena Ervas
The Agreements Between Church And State: The Italian Perspective, Elena Ervas
BYU Law Review
This Article explores the recent approach of the Italian Constitutional Court regarding agreements between the Italian State and religious denomination, which regulate matters of common interest. The Italian approach is compared to the contemporary approach of the Spanish legal system. The Italian approach grants strong discretion in favor of the Government in this context, but by doing so, it risks inadequately protecting the religious freedom of religious denominations in light of current jurisprudence. Moreover, the broad discretion given to the Italian government seems not to be in line with the current jurisprudence of the European Court of Human Rights in …
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
BYU Law Review
No abstract provided.
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong
Freedom Of Religion In China Under The Current Legal Framework And Foreign Religious Bodies, Ping Xiong
BYU Law Review
No abstract provided.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
The Unconstitutionality Of Religious Vilification Laws In Australia: Why Religious Vilification Laws Are Contrary To The Implied Freedom Of Political Communication Affirmed In The Australian Constitution, Augusto Zimmerman Dr.
BYU Law Review
This article explains the weakness of the argument that religious vilification laws promote harmony and tolerance among religious groups. Rather, they are based on a form of postmodern theory that denies the existence of truth and could be used as a weapon by certain individuals to silence any criticism of their beliefs. These laws have become an invitation to people with extreme views to avoid debate by claiming that they, rather than their beliefs, have been attacked. The author then explains the philosophical underpinnings of religious vilification laws and argues that there is no a priori reason why religious speech …
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
Religious Associational Rights And Sexual Conduct In South Africa: Towards The Furtherance Of The Accommodation Of A Diversity Of Beliefs, Shaun De Freitas
BYU Law Review
No abstract provided.
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
The Shinto Cases: Religion, Culture, Or Both—The Japanese Supreme Court And Establishment Of Religion Jurisprudence, Frank S. Ravitch
BYU Law Review
No abstract provided.
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth Clark
Faculty Scholarship
Religious freedom, among other human rights, has increasingly been restricted in Russia and Central Asia. Recent empirical research has shown that increased governmental regulation of religion causes increased social hostilities over religion and has shown the connections between religious freedom and numerous other civil rights and social goods. The U.S. government has particularly recognized the importance of religious freedom in Russia, mandating significant restrictions on aid based on the Russian interpretation of restrictive religion legislation passed in 1997. Since that time, however, virtually no attention has been given to draft legislation in this area in Russia and common trends seen …
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
Coalition And Hegemony: Religion's Role In The Progress Of Modernization In Reformed China, Zeng Chuanhui
BYU Law Review
No abstract provided.
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
Freedom Of Expression And Religious Sensitivities In Pluralist Societies: Facing The Challenge Of Extreme Speech, Jeroen Temperman
BYU Law Review
No abstract provided.
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe
The Background And Contents Of The Proposed South African Charter Of Religious Rights And Freedoms, Rassie Malherbe
BYU Law Review
No abstract provided.
Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto
Law And Religion In Colombia: Legal Recognition Of Religious Entities, Vicente Prieto
BYU Law Review
No abstract provided.
Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping
Religious Freedom And Its Legal Restrictions In China, Zhang Qianfan, Zhu Yingping
BYU Law Review
No abstract provided.
Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck
Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck
BYU Law Review
No abstract provided.
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour
BYU Law Review
No abstract provided.
Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow
Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow
BYU Law Review
No abstract provided.
Religion And Law In Nepal , Kanak Bikram Thapa
Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko
Svato-Mykhaylivska Parafiya V. Ukraine: A Thing Done By Halves? , Gennadiy Druzenko
BYU Law Review
No abstract provided.
The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras
The Long Road To Religious Freedom In Peru , Guillermo García-Montúfar Sarmiento, Daniel Alegre Porras
BYU Law Review
No abstract provided.
Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro
Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro
BYU Law Review
No abstract provided.
Religion And Rule Of Law In China Today, Zhuo Xinping
Religion And Rule Of Law In China Today, Zhuo Xinping
BYU Law Review
No abstract provided.
The Protection Of Religious Rights Under Australian Law , Denise Meyerson
The Protection Of Religious Rights Under Australian Law , Denise Meyerson
BYU Law Review
No abstract provided.
The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes
The Implementation Of Inter-American Norms On Freedom Of Religion In The National Legislation Of Oas Member States, Evaldo Xavier Gomes
BYU Law Review
No abstract provided.
The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete
The Protection Of Religious Freedom By The National Constitution And By Human Rights Treaties In The Republic Of Argentina, Octavio Lo Prete
BYU Law Review
No abstract provided.
The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval
The Colombian Experience In The Area Of Protection Of The Freedom Of Religion, Sergio González Sandoval
BYU Law Review
No abstract provided.
Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi
Freedom Of Religion, Religious Political Participation, And Separation Of Religion And State: Legal Considerations From Japan, Keiko Yamagishi
BYU Law Review
No abstract provided.
Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods
Religious Freedom In Kosovo: Prenatal Care To A New Nation, Kyle Woods
BYU Law Review
No abstract provided.
Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen
Grappling With Religious Differences In South Africa: A Draft For A Charter Of Religious Rights, Pieter Coertzen
BYU Law Review
No abstract provided.
Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva
Religious Symbols In The Classroom: A Controversial Issue In The United Kingdom, Javier Garcia Oliva
BYU Law Review
No abstract provided.
Ministers Of Religion In Chilean Law, M. Elena Pimstein
Ministers Of Religion In Chilean Law, M. Elena Pimstein
BYU Law Review
No abstract provided.