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Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms

Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788977791
  • 出版时间 May 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,562.75
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government.

    The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

    Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom.

  • Introduction
    1. Creating and Conserving Constitutional Space
    Paul Babie, Neville Rochow, and Brett Scharffs
    Part I. The Concept of Constitutional Space and Freedom of Religion or Belief
    A. Content
    2. Religious Freedom as an Element of the Human Rights Framework
    Carolyn Evans and Cate Read
    3. The Problem and the Promise of Religious Liberty
    Joel Harrison
    4. A la carte Spirituality and the Future of Freedom of Religion
    Jeremy Patrick
    5. Towards a Constitutional Definition of Religion: Challenges and Prospects
    Alex Deagon
    6. Freedom of Religion without a Bill of Rights: Australia’s Peculiar Approach to Tackling Freedom of Religion and other Human Rights Issues
    Renae Barker
    7. Conscience, Expression and the Commonwealth Constitution: The effect of s 116 on the implied freedom of political communication
    Joshua Forrester
    B. Reasonable Accommodation
    8. Conceptualizing Reasonable Accommodation
    Brett Scharffs
    9. Protection of Religious Freedom under Australia’s Amended Marriage Law: Constitutional and Other Issues
    Neil Foster
    10. Identifying Faith-Based Entities for the Purposes of Anti-Discrimination Law
    Mark Fowler
    Part II. Comparative Perspectives
    11. Reconciling Democracy and Human Rights: Implementing the Expressive Freedoms of the International Covenant on Civil and Political Rights under Australian Law
    Paul Taylor
    12. It Works Better, If It Is Not Too Secularised: The Croatian Constitutional Model of Regulating State-Church Relations
    Vanja-Ivan Savić
    13. Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg
    Mark Hill
    14. The Iraqi Constitutional Failure to Protect the Right to Freedom of Religion or Belief
    Ewelina U. Ochab
    15. An Assessment of the Constitutional Space for Secularity and Equality in India
    Arvind P. Bhanu
    16. The Development Trend Concerning Administration of Religion and Religious Affairs in China
    Ping Xiong
    17. Apostasy and Freedom of Religion in Malaysia
    Joshua Neoh
    Index

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