Law and religion in the Commonwealth : the evolution of case law / edited by Renae Barker, Paul T. Babie and Neil Foster.

Oxford : Hart Publishing, 2022.

1st edition

200295

Religion and law -- Commonwealth countries.

Religion and state Commonwealth countries.

Religion and state -- Commonwealth countries.

Freedom of religion Commonwealth countries.

Freedom of religion -- Commonwealth countries.

1. Introduction

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?

3. Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister: what is the name of God?

PART II. Freedom of religion around the Commonwealth

4. Eweida v UK: cross words and the reformulation of religious freedom

5. Lee v Ashers Baking Company: crumbs of comfort in the culture war

6. R v Big M Drug Mart: the unavoidable pragmatism of religious freedom

7. Shalla v State: is blasphemy a religious or criminal offence in Nigeria under Islamic law?

8. Adelaide Company of Jehovah's Witnesses v Commonwealth: balancing free exercise and public order

PART III. Religion and state relations around the Commonwealth

9. Iki Putra Mubarrak v Kerajaan Negeri Salangor and Others: re-defining religious federalism in Malaysia?

10. Aston Cantlow v Wallbank: defining the public and private functions of the established Church of England

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

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

13. Benazir Bhutto v Federation of Pakistan: using Islamic principles to expand judicial powers

14. Lakeside Colony of Hutterian Brethren v Hofer: jurisdiction, justiciability and religious law

15. Minister of Home Affairs and Another v Fourie and Another: a jurisprudence of engagement

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

17. Christian Youth Camps Ltd v Cobaw Community Health Services Ltd: balancing discrimination rights with the religious freedom of organisations

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

19. Allcard v Skinner: religious influence and undue influence.

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. - Publisher's website.

Includes index and bibliographical references.

9781509950140

xvi, 334 pages ; 25 cm