Religious Freedom in the Liberal State

Author(s):  
Ahdar Rex ◽  
Leigh Ian

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on the United Kingdom, the United States, Canada, New Zealand, Australia, and the European Convention on Human Rights it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of ‘religion’; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment, education, parental rights and childrearing, controls on pro-religious and anti-religious expression, medical treatment, and religious group (church) autonomy.

2016 ◽  
Vol 19 (01) ◽  
pp. 3-13 ◽  

The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.


Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter first considers the broad nature of ‘religious freedom’. It then outlines the various systems of constitutional protection for religious liberty in different nations such as the United States, the United Kingdom, Canada, and so on, as well as the guarantees in international law for religious rights. Next, it explores the difficult question of how one defines ‘religion’ for the purpose of recognizing religious liberty.


Disruption ◽  
2021 ◽  
pp. 275-286
Author(s):  
David Potter

Friday 13, 2019 was the day of the election of Boris Johnson as Prime Minister of the United Kingdom and the impeachment of Donald Trump. What has happened to liberal democracy that the leaders of two of the most powerful liberal democracies have, as their leaders, people who are fundamentally opposed to the traditions of the post-World War II order, and use the same overtly racist ideology to frame their approach to government? The rise of the ideology of disruption and surveillance capitalism are connected with economic dislocation that destroys faith in the traditional governing order not only in the United States and United Kingdom, but elsewhere in the European Union. There is discussion of systemic racism, and systemic impoverishment. The question that remains is whether we are facing genuine disruption, or if there are solutions that can restore faith in existing institutions while alleviating the misery that lies at the heart of the widespread loss of faith in institutions


Author(s):  
Russell Sandberg

This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.


Author(s):  
John Perry

What has been called secular government in the United Kingdom and North America emerged from a series of debates about religious freedom and toleration, which reached their climax in seventeenth-century England. John Locke is often considered the hero of that climax, and his resolution to religion–politics conflict is now taken for granted as the basis of secular government in the United States, England, and Canada. It continues to influence Anglo-American political thought for both good and ill. Despite its success, the solution is imperfect. Subsequent modifications—including minor tweaks by various American Founders and a more recent re-appropriation by John Rawls—have failed to perfect it. Its most notable imperfection is a naïve hope that all imaginable future theopolitical disputes will be solved by abstract, neutral principles, specifiable-in advance of the disputes themselves. This leads to animosity and accusations of bias and call for ad hoc compromises.


2010 ◽  
Vol 12 (2) ◽  
pp. 131-151 ◽  
Author(s):  
Peter Cumper ◽  
Tom Lewis

This article considers the litigation in Ghai v Newcastle City Council in which the legality of open air funeral pyres under the Cremation Act 1902, and under the right to freedom of religion and belief in article 9 of the European Convention on Human Rights, was considered. Ultimately the Court of Appeal held that open air funeral pyres within a walled enclosure were not unlawful. But at first instance the Administrative Court, which had assumed that domestic law prohibited such pyres, held that such a ban would not breach article 9 since it was legitimate to prevent causing offence to the majority of the population. It is the approach of the Administrative Court to article 9 (which was not considered by the Court of Appeal) that forms the basis of the critical analysis in this article. In particular it is argued that the Administrative Court undervalued the right to freedom of religion and belief, as against the need to prevent offence to others, and adopted a stance which was overly deferential to Government and Parliament.1


Author(s):  
Steven Gow Calabresi

This chapter discusses the origins and growth of judicial review in the United Kingdom of Great Britain and Northern Ireland. Judicial review in the United Kingdom under the Human Rights Act is best explained by borrowing from the United States, Canada, Germany, and the European Court of Human Rights. The emergence of judicial review in the United Kingdom also coincided with the devolution of power to Scotland, Wales, and Northern Ireland, thus creating a need for a federalism umpire. This was vividly illustrated by a recent U.K. Supreme Court separation of powers umpiring opinion; and by a 2019 umpiring ruling, which upheld Scotland’s highest court, while overturning an English and Welsh court on the justiciability and breadth of The Queen’s power to prorogue Parliament. The adoption by the United Kingdom of the European Convention on Human Rights (ECHR), as a judicially enforced Bill of Rights, was done, in part, out of embarrassment that the United Kingdom kept losing so many human rights cases when they were heard by the European Court of Human Rights (ECtHR). There is, accordingly, a mild rights from wrongs story that explains the adoption of the Human Rights Act of 1998, although a desire to borrow that which was fashionable and in style provides the major explanation for the adoption of this act.


2014 ◽  
Vol 21 (2) ◽  
pp. 235-245 ◽  
Author(s):  
Rafael Aleixandre-Benavent ◽  
Adolfo Alonso-Arroyo ◽  
Javier González de Dios ◽  
Antonio Vidal-Infer ◽  
María González-Muñoz ◽  
...  

Background and objectives: The aim of this paper is to analyse the scientific research on multiple sclerosis using a bibliographic analysis of articles published during the period 2003–2012. Methods: The items under study were obtained from the Science Citation Index-Expanded (SCI-E) database, which was accessed through the Web of Science (WOS) platform. All records with the term ‘multiple sclerosis’ in the title, plus all articles published in the journals Multiple Sclerosis and Multiple Sclerosis Journal, were analysed. Results: A total of 9778 articles, with 160,966 citations, were retrieved on multiple sclerosis, and the majority of the articles were published in Multiple Sclerosis Journal ( n = 1511). The articles were published in journals belonging to 135 different subject areas, with the greatest number of papers falling under the category of clinical neurology. The countries that published the largest numbers of articles were the United States (US) ( n = 2786), Italy ( n = 1263), the United Kingdom ( n = 1147) and Germany ( n = 1018). International collaborations produced 20.4% of the papers. Conclusions: We emphasise the progressive growth of publications worldwide, the publication of articles in a wide variety of journals covering numerous subject areas, and the research leadership of Western countries, most notably European countries, the US and Canada.


2020 ◽  
Vol 25 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Amaia Del Campo ◽  
Marisalva Fávero

Abstract. During the last decades, several studies have been conducted on the effectiveness of sexual abuse prevention programs implemented in different countries. In this article, we present a review of 70 studies (1981–2017) evaluating prevention programs, conducted mostly in the United States and Canada, although with a considerable presence also in other countries, such as New Zealand and the United Kingdom. The results of these studies, in general, are very promising and encourage us to continue this type of intervention, almost unanimously confirming its effectiveness. Prevention programs encourage children and adolescents to report the abuse experienced and they may help to reduce the trauma of sexual abuse if there are victims among the participants. We also found that some evaluations have not considered the possible negative effects of this type of programs in the event that they are applied inappropriately. Finally, we present some methodological considerations as critical analysis to this type of evaluations.


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