Freedom of Religion under Bills of Rights
Foreword: Human Rights and Courts
The Hon Sir Anthony Mason AC KBE
1. Protecting Religious Freedom under Bills of Rights: Australia as Microcosm
Paul Babie and Neville Rochow
SETTING THE SCENE
2. How Religion Constrains Law and the Idea of Choice
3. Is the Emperor Wearing the Wrong Clothes? Human Rights and Social Good in the Context of Australian Secularity: Theological Perspectives
4. Anniversary Overlap: Or What happens when St Paul Meets the Universal Declaration of Human Rights
CONTEMPORARY FREEDOM OF RELIGION ISSUES
5. Defamation and Vilification: Rights to Reputation, Free Speech and Freedom of Religion at Common Law and under Human Rights Laws
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
8. Apostasy in Islam and the Freedom of Religion in International Law
COMPARATIVE EXPERIENCE WITH FREEDOM OF RELIGION
9. Political Culture and Freedom of Conscience: A Case Study of Austria
David M Kirkham
10. The Sky is Falling if Judges Decide Religious Controversies! – Or is it? The German Experience of Religious Freedom Under a Bill of Rights
11. Religious Freedom in a Secular Society: The Case of the Islamic Headscarf in France
12. Religious Freedom in the UK after the Human Rights Act 1998
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
16. Quo Vadis The Free Exercise of Religion? The Diminishment of Student Religious Expression in US Public Schools
Charles J Russo
Australia and New Zealand
17. Freedom from Discrimination on the Basis of Religion
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
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. The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.
From 'Foreword' by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
About the editors
Paul Babie is Associate Professor, Adelaide Law School, at The University of Adelaide, and Founder and Director of the University of Adelaide Research Unit for the Study of Society, Law and Religion (RUSSLR).
Neville Rochow SC is a Barrister at Howard Zelling Chambers in Adelaide, South Australia.
'At the heart of this judiciously edited collection of essays is the contentious debate in Australia about whether to adopt a national bill of rights.
Many readers will be surprised to learn that Australia lacks a national bill of rights; it is the only modern Western nation without one.
Paul Babie, Neville Rochow and their colleagues in the new Research Unit for the Study of Law, Religion and Society at the University of Adelaide have brought together a strong cast of Australian and international scholars to put the Australian issues in sharp comparative relief.'
John Witte, Jr, Emory University, Atlanta Ecclesiastical Law Journal, January 2014.