This book examines law and religion from the perspective of its case law.
Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context.
The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria.
The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth.
Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include:
- Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia
- Eweida v UK
which clarified the application of Article 9 of the European Convention on Human Rights
- R v Big M Drug Mart
on the individual protections of religious freedom under the Canadian Charter of Rights.
The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
1. Introduction Renae Barker (University of Western Australia), Paul T Babie (University of Adelaide, Australia) and Neil Foster (University of Newcastle, Australia) PART I FOUNDATIONAL QUESTIONS IN LAW AND RELIGION 2. Church of the New Faith v Commissioner of Pay-roll Tax: Defining Religion for the World? Renae Barker (University of Western Australia) 3. Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister: What is the Name of God? Joshua Neoh (Australian National University) PART II FREEDOM OF RELIGION AROUND THE COMMONWEALTH 4. Eweida v UK: Cross Words and the Reformulation of Religious Freedom Russell Sandberg (Cardiff University, UK) 5. Lee v Ashers Baking Company: Crumbs of Comfort in the Culture War Ian Leigh (Durham University, UK) 6. R v Big M Drug Mart: The Unavoidable Pragmatism of Religious Freedom Richard Moon (University of Windsor, Canada) 7. Shalla v State: Is Blasphemy a Religious or Criminal Offence in Nigeria under Islamic Law? Azizat O Amoloye-Adebayo (University of Ilorin, Nigeria) and Muhammad Kamaldeen Imam-Tamim (University of Ilorin, Nigeria) 8. Adelaide Company of Jehovah’s Witnesses v Commonwealth: Balancing Free Exercise and Public Order Paul T Babie (University of Adelaide, Australia) PART III RELIGION AND STATE RELATIONS AROUND THE COMMONWEALTH 9. Iki Putra Mubarrak v Kerajaan Negeri Selangor and Others: Re-defining Religious Federalism in Malaysia? Dian AH Shah (National University of Singapore) 10. Aston Cantlow v Wallbank: Defining the Public and Private Functions of the Established Church of England Mark Hill QC (Open University, UK) 11. Attorney-General (Victoria) ex rel Black v Commonwealth: The High Court’s Attempt to Make the Establishment Clause of the Australian Constitution Mean Very Little Luke Beck (Monash University, Australia) 12. M Siddiq (D) Thr Lrs v Mahant Suresh Das and Others: Inconsistencies in the Law and Politics of Indian History in the Ayodhya Case Sawinder Singh (University of Adelaide, Australia) 13. Benazir Bhutto v Federation of Pakistan: Using Islamic Principles to Expand Judicial Powers Umar Rashid (University of Adelaide, Australia) 14. Lakeside Colony of Hutterian Brethren v Hofer: Jurisdiction, Justiciability and Religious Law Kathryn Chan (University of Victoria, Canada) 15. Minister of Home Affairs and Another v Fourie and Another: A Jurisprudence of Engagement Iain T Benson (University of Notre Dame, Australia) PART IV RIGHTS, RELATIONSHIPS, RESPONSIBILITIES AND RELIGION AROUND THE COMMONWEALTH 16. Her Majesty’s Attorney-General v Akhter and Others: The Need for Legislative Reform of the Marriage Act 1949 Michelle Flynn (Max Planck Institute for Social Anthropology, Germany) 17. Christian Youth Camps Ltd v Cobaw Community Health Services Ltd: Balancing Discrimination Rights with the Religious Freedom of Organisations Neil Foster (University of Newcastle, Australia) 18. Indian Young Lawyers Association v State of Kerala and Shayara Bano v Union of India: Understanding Religious Freedom and Women’s Rights in the Twenty-First Century Using the Lenses of Sabarimala and Shayara Bano Preeti Nalavadi (University of Adelaide, Australia) 19. Allcard v Skinner: Religious Influence and Undue Influence Craig Allen (University of Birmingham, UK)
Renae Barker is Senior Lecturer in the School of Law at the University of Western Australia and Honorary Research Fellow at the Centre for Muslim States and Societies, Australia. Paul Babie is Bonython Professor of Law, Associate Dean of Law (International) and Director of the Research Unit for the Study of Society, Ethics and Law at the University of Adelaide, Australia. He is a Fellow of the Australian Academy of Law and the Royal Society of Arts. Neil Foster is Associate Professor in Newcastle Law School at the University of Newcastle, Australia.
Reviews for Law and Religion in the Commonwealth: The Evolution of Case Law
The volume provides the student, scholar, and legal practitioner an invaluable analysis of law and religion’s contentious concerns in the modern context … a concise, erudite, and well-argued collection. -- Barry W Bussey * Australian Journal of Law and Religion *
