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Full-Text Articles in Law
Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis
Does Free Exercise Of Religion Deserve Constitutional Mention?, John M. Finnis
Journal Articles
The article discusses the inclusion of the free exercise of religion among a society's constitutional guarantees in the U.S. It cites Christopher Eisgruber and Lawrence Sager, authors of the book "Religious Freedom and the Constitution," who hold that religion does not deserve constitutional mention on account of any special value. It disputes this view and states that religion does deserve constitutional mention and that the constitution should protect a citizen's right to practice his or her religion.
Virtue And The Constitution Of The United States, John M. Finnis
Virtue And The Constitution Of The United States, John M. Finnis
Journal Articles
In this Article, Finnis reflects on the following five questions: (1) Does the Constitution require or presuppose, or thwart or even forbid, a formative project of government inculcating in citizens the civic virtue necessary to promote and sustain a good society?; (2) To what extent can the institutions of civil society support or even supplant government in inculcating civic virtue?; (3) What is the content of the civic virtue that should be inculcated in circumstances of moral disagreement, and how does it relate to traditional moral virtue?; (4) Does it include respect for and appreciation of diversity?; (5) Should a …
Separation Of Powers In The Australian Constitution, John M. Finnis
Separation Of Powers In The Australian Constitution, John M. Finnis
Journal Articles
Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.