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Freedom of religion under bills of rights

Freedom of religion under bills of rights

Rochow, Neville; Babie, Paul Theodore, 1966-

'The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights - in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. ... Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions."--Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

eBook, Paperback, Electronic resource, Book. English. Electronic books.
Published Adelaide : University of Adelaide Press in association with the University of Adelaide's Research Unit for the Study of Society, Law and Religion 2012

This resource is available electronically from the following locations


Statement of responsibility: edited by Paul Babie and Neville Rochow
ISBN: 098717181X, 9780987171801, 9780987171818
Note: Includes bibliographical references and index.
Physical Description: 1 online resource (464 pages : illustrations)
Subject: LAW / Constitutional; Constitutional law.; Freedom of religion.; Australia.; Constitutional law Australia.; Civil rights.; Human rights.
Local note: JSTOR Books at JSTOR Open Access


  1. Protecting religious freedom under bills of rights: Australia as microcosm /Paul Babie and Neville Rochow
  2. How religion constrains law and the idea of choice /Ngaire Naffine
  3. Is the emperor wearing the wrong clothes? Human rights and social good in the context of Australian secularity: theological perspectives /Bruce Kaye
  4. Anniversary overlap: or what happens when St Paul meets the Universal Declaration of Human Rights /Alan Cadwallader
  5. Defamation and vilification: rights to reputation, free speech and freedom of religion at common law and under human rights laws /Neil Foster
  6. Should an Australian bill of rights address emerging international human rights norms? The challenge of 'defamation of religion' /Robert C Blitt
  7. Christian concerns about an Australian charter of rights /Patrick Parkinson
  8. Apostasy in Islam and the freedom of religion in international law /Asmi Wood
  9. Political culture and freedom of conscience: a case study of Austria /David M Kirkham
  10. Sky is falling if judges decide religious controversies! -- or is it? The German experience of religious freedom under a bill of rights /Cornelia Koch
  11. Religious freedom in a secular society: the case of the Islamic headscarf in France /Nicky Jones
  12. Religious freedom in the UK after the Human Rights Act 1998 /Ian Leigh
  13. Judicial interpretation, neutrality and the US Bill of Rights /Frank S Ravitch
  14. Protecting religious freedom: two counterintuitive dialectics in US free exercise jurisprudence /Brett G Scharffs
  15. Walking the tightrope: the struggle of Canadian courts to define freedom of religion under the Canadian Charter of Rights and Freedoms /Barbara Billingsley
  16. Quo vadis the free exercise of religion? The diminishment of student religious expression in US public schools /Charles J Russo
  17. Freedom from discrimination on the basis of religion /Kris Hanna
  18. Ruminations from the Shaky Isles on religious freedom in the bill of rights era /Rex Tauati Ahdar
  19. Indigenous peoples and bills of rights /Paul Rishworth.