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Articles 1 - 12 of 12
Full-Text Articles in Law
An Imperial History Of Race-Religion In International Law, Rabiat Akande
An Imperial History Of Race-Religion In International Law, Rabiat Akande
Articles & Book Chapters
More than half a century after the UN’s adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention’s protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality …
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project, Rabiat Akande
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project, Rabiat Akande
Articles & Book Chapters
A marked feature of the contemporary U.S. constitutional landscape is the campaign by an Evangelical- Catholic coalition against the idea of secularism, understood by this alliance to mean the exclusion of religion from the state and its progressive marginalization from social life. Departing from the tendency to treat this project as a national phenomenon, this article places it within a longer global genealogy of an earlier international Christian ecumenical effort to combat secularism. The triumph of that campaign culminated in the making of Article 18 of the Universal Declaration of Human Rights, now considered the paradigmatic international legal provision on …
Centring The Black Muslimah: Interrogating Gendered, Anti-Black Islamophobia, Rabiat Akande
Centring The Black Muslimah: Interrogating Gendered, Anti-Black Islamophobia, Rabiat Akande
Articles & Book Chapters
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
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 …
Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger
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 …
Religious Freedom In Canada: A Crucible For Constitutionalism, Benjamin Berger
Religious Freedom In Canada: A Crucible For Constitutionalism, Benjamin Berger
Articles & Book Chapters
This article examines three axes around which contemporary Canadian debates on freedom of religion are turning: the status and protection of group and collective religious interests; the emergence – and instability – of state neutrality as the governing ideal in the management of religious difference; and the treatment of Indigenous religion. Each is discussed as a key thematic and doctrinal development emerging from recent activity in the freedom of religion jurisprudence in Canada. Each is also an instance, the article suggests, of religion doing its particularly effective work of exposing the fundamental tensions and dynamics in Canadian constitutionalism more generally.
Liberal Constitutionalism And The Unsettling Of The Secular, Benjamin Berger
Liberal Constitutionalism And The Unsettling Of The Secular, Benjamin Berger
Articles & Book Chapters
This chapter argues that certain features of our constitutional theories and practices have been more dependent than we have heretofore acknowledged on an implicit faith in the character and success of secularism. An assumption about the “secular” nature of the social world has lent certain resources to liberal constitutional theory and made possible particular ideas about the nature of contemporary constitutionalism. Yet the conviction that our political and social lives can be satisfyingly described as secular has been seriously destabilized by experience and theory alike. A simple faith in secularism thus unsettled, certain gaps or shortcomings in prevailing accounts of …
Should Conscience Be A Proxy For Religion In Some Cases?, Richard Haigh
Should Conscience Be A Proxy For Religion In Some Cases?, Richard Haigh
Articles & Book Chapters
Two seemingly disparate case studies provide a fascinating lens through which to examine religion in the public sphere. One involves the government's mandate to immunize school children and the allowable exemptions therefrom; the other a professor's online course that requires some group sessions on weekends, and a student's claim for an exemption from that activity.
Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger
Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger
Articles & Book Chapters
This chapter questions the interpretation of religious signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …
Calculations Of Conscience: The Costs And Benefits Of Religious And Conscientious Freedom, Howard Kislowicz, Richard Haigh, Adrienne Ng
Calculations Of Conscience: The Costs And Benefits Of Religious And Conscientious Freedom, Howard Kislowicz, Richard Haigh, Adrienne Ng
Articles & Book Chapters
This article examines the Supreme Court of Canada’s cost-benefit analysis of freedom of conscience and religion guaranteed by s. 2(a) of the Canadian Charter of Rights and Freedoms in Alberta v. Hutterian Brethren of Wilson Colony. The article finds that while the Supreme Court’s reasoning was ultimately flawed, its use of cost-benefit analysis may be a positive development in the freedom of religion framework. The article also looks at the Court’s treatment of the freedom of conscience guarantee in relation to freedom of religion. The article suggests that this treatment may foreshadow a more uniform approach to the broader …
Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger
Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger
Articles & Book Chapters
There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the challenges …
The Cultural Limits Of Legal Tolerance, Benjamin Berger
The Cultural Limits Of Legal Tolerance, Benjamin Berger
Articles & Book Chapters
This article presents the argument that our understanding of the nature of the relationship between modern constitutionalism and religious difference has suffered with the success of the story of legal tolerance and multiculturalism. Taking up the Canadian case, in which the conventional narrative of legal multiculturalism has such purchase, this piece asks how the interaction of law and religion - and, in particular, the practices of legal tolerance - would look if we sought in earnest to understand law as a component, rather than a curator, of cultural diversity in modern liberal societies. Understanding the law as itself a cultural …