The Right to Religious Liberty in English Law

2016 ◽  
pp. 303-320
Keyword(s):  
Religious Liberty ◽  
English Law ◽  
The Right

Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

2019 ◽  
Vol 21 (1) ◽  
pp. 48-53
Author(s):  
Kaushik Paul
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Spaces ◽  
Religious Liberty ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Islamic Dress

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

scholarly journals Establecimiento de simbología religiosa estática en espacios públicos sanitarios

2014 ◽  
pp. 349
Author(s):  
Jacinto J. Marabel Matos
Keyword(s):  
Religious Liberty ◽  
The Public ◽  
Religious Symbols ◽  
Public Areas ◽  
The Right

El presente artículo completa la aproximación dedicada a los símbolos religiosos presentes en espacios públicos sanitarios, anteriormente publicado y en relación con el derecho de libertad religiosa del artículo 16 CE. En este caso, las aportaciones doctrinales a la jurisprudencia referida al establecimiento de simbología religiosa estática en el ámbito público, ponen de manifiesto la importancia de resolver estas cuestiones, una vez más, en base al principio de tolerancia.This article completes the approach dedicated to religious symbols in public sanitary spaces, previously published and relating the right to religious liberty of article 16 CE. In this case, the doctrinal contribution to jurisprudence concerning to the establishment of static religious symbols in the public areas, shows the importance of resolve these issues, over again, based on the principle of tolerance.

14. Privacy

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Right Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Right Of Privacy ◽  
The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

17. Remedies and limitation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

Proprietary estoppel and wills

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Patrick Milne
Keyword(s):  
High Court ◽  
English Law ◽  
The Right

WHEN is a promise to benefit someone on one's death an enforceable promise? This was the question for the High Court in Gillett v. Holt and Another [1998] 3 All E.R. 917. As Carnwath J. recognised, the difficulty lies in reconciling proprietary estoppel with the principle that “[s]ubject to specific exceptions (such as for dependants), the right to decide, and change one's mind as to, the devolution of one's estate is a basic and well understood feature of English law”.

Socialist mountains out of capitalist molehills: ownership and use of land in the German Democratic Republic

Legal Studies ◽  
1986 ◽  
Vol 6 (2) ◽  
pp. 154-169
Author(s):  
Caroline Forder
Keyword(s):  
German Democratic Republic ◽  
Democratic Republic ◽  
Public Land ◽  
Property Law ◽  
Property System ◽  
The Creation ◽  
English Law ◽  
The Right ◽  
Contractual Rights ◽  
Mixed Property

To understand the rights in land of a person in the GDR the first task of an English lawyer is to consider the rules being applied in terms of concepts and institutions in operation in England. The GDR have opted for a ‘mixed’ property system, retaining ‘pure’ personal ownership (similar to the rights given to landowners under English law) alongside the socialist creatures: contractual rights (use-contracts) and the hybrid use-rights in public land. Property law has long provided for the creation of rights which provide at the outset for the conditions under which the right will end; this is one of the principal attributes of leasehold tenure in England. It is indeed striking how many of the characteristics of use rights can be discovered among the provisions and decisions upon the security of tenure of tenancies in England.

Part III, 7 Families, Parents and Children

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
Corporal Punishment ◽  
Religious Freedom ◽  
Religious Liberty ◽  
Successful Transmission ◽  
Parents And Children ◽  
The Family ◽  
The Right ◽  
Family Autonomy ◽  
Religious Claim

This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. One US judge ventured that ‘no aspect of religious freedom is more treasured than the right of parents to teach children to worship God’. The chapter is organized as follows. Section II outlines the current law governing family autonomy and the religious upbringing of children. Section III contrasts liberal and religious conceptions of the family and childrearing. Section IV explores three controversial topics. First, does a maturing child have an independent right of religious liberty? If not, should she? Second, what is the scope of religious childrearing in the fractured family? Do divorced or separated parents have attenuated rights compared to those parents who are still together? Third, do devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement?

The Place of Religious Freedom in the Structure of Peacebuilding

2015 ◽  
pp. 280-306 ◽  
Author(s):  
W. Cole Durham ◽  
Elizabeth A. Clark
Keyword(s):  
Religious Freedom ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
The Right

This chapter analyzes the role that the fundamental right to freedom of religion or belief plays in ending or averting religious warfare, and in providing necessary footings for crystallizing peace out of conflict. After stressing that there is a tendency to lay exaggerated blame for many conflicts on religion, the chapter explores the Lockean insight that under certain circumstances, religious pluralism can serve as a stabilizing factor in society if states protect the right to religious diversity instead of imposing homogeneity. International limitation clauses on the scope of religious liberty play an important filtering role in promoting the positive contributions religion makes to society, while constraining negative religious effects. The analysis argues that secularity, understood as a framework welcoming religious pluralism, rather than secularism, as an ideology advocating secularization as an end in itself, is most conducive to the peacebuilding potential of religious freedom.

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