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Religious Freedom and the Australian Constitution: Origins and Future
Contributor(s): Beck, Luke (Author)
ISBN: 0815367260     ISBN-13: 9780815367260
Publisher: Routledge
OUR PRICE:   $180.50  
Product Type: Hardcover - Other Formats
Published: March 2018
Qty:
Temporarily out of stock - Will ship within 2 to 5 weeks
Additional Information
BISAC Categories:
- Law | Administrative Law & Regulatory Practice
- Law | Legal History
- Law | Constitutional
Dewey: 342.940
LCCN: 2017046192
Series: Iclars Law and Religion
Physical Information: 194 pages
 
Descriptions, Reviews, Etc.
Publisher Description:

This book examines the origins of Australia's constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court's current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.