Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Law, Religion And Violence: The Importance Of Islamic Law As A Tool For Refuting The Ideology Of Violent Extremists, Ben Clarke
Law Conference Papers
Violent attacks by radical Islamists against civilians represents a serious and continuing threat to human security in a number of States, including India and to a lesser extent Australia. Causes of such violence have been extensively debated in the literature of a variety of disciplines including law, psychology and political science. This paper examines one aspect of this debate: the use by extremists of concepts derived from Islamic law to justify violence against civilians. It does so by identifying religious norms that underpin the ideology of radical Islamists who engage in terrorism. The thesis advanced here is that an effective …
Ideological Extremism And The Abuse Of Religion: 'Punishment Of Apostasy' As A Rationale For Religious Violence By State And Non-State Actors, Ben Clarke
Law Conference Papers
This paper critiques the phenomena of religious violence in Arab and Islamic States from a human rights perspective. It highlights the tendency of Islamists who engage in violence to justify their actions by reference to the religious doctrine of ‘apostasy’. The inherent conflict between the notion that apostasy is a punishable crime and universal human rights norms (such as freedom of conscience and religion) is explored. It is argued that one way out of the cycle of religious violence and sectarian hatred is for Arab and Muslim States to adopt non-discriminatory laws modelled on the Covenant on Civil and Political …
The Independence Of The Judiciary As The Base Of Business And Economic Development, The Hon David K. Malcolm
The Independence Of The Judiciary As The Base Of Business And Economic Development, The Hon David K. Malcolm
Law Conference Papers
The rapid nature of information exchange, the increasingly porous nature of international boundaries through electronic communications and the movement of capital and labour have presented a range of new issues in the administration of justice. These have major implications for the Courts and the role of the Courts, particularly in newly liberalised economies. International trade has raised issues concerning both substantive law and procedure. Foreign investment in the Asia Pacific region and the increasing affluence of particular socio-economic groups in countries throughout Asia and the Pacific has seen increasing demands for the reform of the law and the methods of …
The Independence Of The Judiciary In The Asia-Pacific Region, The Hon David K. Malcolm
The Independence Of The Judiciary In The Asia-Pacific Region, The Hon David K. Malcolm
Law Conference Papers
It is almost universally acknowledged that one of the hallmarks of a democracy is the independence of the Judiciary. A Judiciary which exists merely to do a Government's bidding or to implement Government policy provides no guarantee of liberty. What do we mean by independence of the Judiciary? The former Chief Justice of Tasmania, Sir Guy Green has defined it as "the capacity of the courts to perform their constitutional function free from actual or apparent interference by, and to the extent that it is constitutionally possible, free from actual or apparent dependence upon, any persons or institutions, including, in …