Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Peter G. Danchin
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Donn Short
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Bruce MacDougall
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins
Secretary Of State For Work And Pensions V. Sister Is, Mel Cousins
Mel Cousins
This case before the Upper Tribunal concerned the rules of the state pension credit (SPC) which, in effect, provide that ‘members of religious orders’ who are ‘fully maintained by their order’ have no entitlement to a state pension credit. As the Three-Judge Panel pointed out this is the rule ‘regardless of the actual amount of their income or their other circumstances’. The case concerned both the interpretation of these two phrases and – assuming the Panel found that they applied to the claimants – the compatibility of such an approach with the European Convention on Human Rights (the Convention issue).