Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Constitutional Law

Osgoode Hall Law School of York University

Articles 1 - 4 of 4

Full-Text Articles in Religion Law

Islamic Law And Colonialism, Rabiat Akande, Halimat Adeniran Jan 2023

Islamic Law And Colonialism, Rabiat Akande, Halimat Adeniran

All Papers

No abstract provided.


Insulating The Church: Ethiopian Orthodox Tewahedo Church Of Canada St. Mary Cathedral V. Aga And The Suppression Of Public Law In The Construction Of Religious Communities, Rabiat Akande, Faisal Bhabha Jan 2023

Insulating The Church: Ethiopian Orthodox Tewahedo Church Of Canada St. Mary Cathedral V. Aga And The Suppression Of Public Law In The Construction Of Religious Communities, Rabiat Akande, Faisal Bhabha

Articles & Book Chapters

In Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, the Supreme Court of Canada undertook to grapple with the question of whether, when, and to what extent courts should get involved in the internal decisions of religious groups where there are allegations of procedural unfairness. This paper approaches Aga with an interest in the issue of state regulation of religion through law. The paper (1) reviews and assesses the Court's judgment; (2) summarizes and analyzes the 12 intervener submissions, many of which were made by religious groups likely to be affected by the Court's eventual judgment; and …


Debating Diya: Indirect Rule And The Transformation Of Islamic Law In British Colonial Northern Nigeria, Rabiat Akande Jan 2021

Debating Diya: Indirect Rule And The Transformation Of Islamic Law In British Colonial Northern Nigeria, Rabiat Akande

All Papers

Leading academic authority on British imperial governance, Dame Margery Perham famously made the above remark on the workings of indirect rule in Northern Nigeria—the colonial state resulting from the 1903 British conquest of the West African Sokoto Caliphate. First emerging on the heels of the 1857 mutiny in British India, British colonial indirect rule had a long and checkered history predating its arrival in Nigeria. The dominant understanding of the Indian rebellion was that of a revolt against empire’s anglicizing project with the consequence that it spurred the colonial state to turn to governing colonial populations through native institutions within …


Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger Jan 2019

Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger

Articles & Book Chapters

This article approaches Adler v. Ontario as a distinctively useful perch from which to survey the history and future of the constitutional interaction of law and religion. The case is positioned at a provocative place in the arc of the development of this interaction and the article uses the reasons in Adler to expose and explore some themes that shape not only our religion jurisprudence, but Canadian constitutionalism more generally. The article begins by examining what the majority's heavy reliance on religion's place in constitutional history suggests about the competing logics at work in Canadian constitutional life. That discussion leads …