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The University of Notre Dame Australia

Canada

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Full-Text Articles in Law

Religious Interfaith Work In Canada And South Africa With Particular Focus On The Drafting Of A South African Charter Of Religious Rights And Freedoms, I Benson Jan 2013

Religious Interfaith Work In Canada And South Africa With Particular Focus On The Drafting Of A South African Charter Of Religious Rights And Freedoms, I Benson

Law Papers and Journal Articles

Constitutional protections for religious freedom (and related freedoms of conscience, belief and association and equality), once interpreted by courts and tribunals, apply in a precedential manner to future cases. They have an influence well beyond the particular community to which they first applied. For this reason, religious communities have increasingly banded together and sought to intervene or even, on occasion, to initiate legal actions asserting or defending their rights. This article reviews some of the principles around the freedom of religion as understood in South Africa and Canada to show how courts have understood the freedom of religion in its …


What Can Be Learned From The Experiences Of Various Societies In Dealing With Their Principal Trouble Spots?, I Benson Jan 2011

What Can Be Learned From The Experiences Of Various Societies In Dealing With Their Principal Trouble Spots?, I Benson

Law Conference Papers

Introduction

In both South Africa and Canada religions per se have not been principal trouble spots for a very long time. What has been very much at issue is the treatment of religious communities and religious believers by the State and from time to time disputes between rights claimants of one sort in relation to rights claimants of another. There are many differences between the two countries but in this paper I shall look for some common themes to evaluate a few of the more significant areas of conflict that engage religious pluralism. Most importantly, however, I shall examine a …