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Religion and Law in Australia

Religion and Law in Australia

By Paul Babie, Joshua Neoh, James Krumrey-Quinn, Chong Tsang


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Australia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media..

After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide.

Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Australia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Publish Date 06/15/2015
Product Line Kluwer Law International
ISBN 9789041160713
SKU 10058482-0001
Table of Contents

The Authors.

List of Abbreviations.



General Introduction.

Chapter 1. General Protections for Religion.

Chapter 2. Sui Generis Protections of Religion.

Part II. Religious Freedom in General.

Chapter 1. Individual Religious Freedom.

Chapter 2. Collective and Organizational Religious Freedom.

Part III. Legal Status of Religious Communities.

Chapter 1. Formal Status of Religious Communities.

Chapter 2. Autonomy of Religious Communities.

Chapter 3. Fundamental Rights and Religious Communities.

Chapter 4. Contractual Religious Freedom.

Part IV. International, Transnational and Regional Effects on Religious Communities.

Chapter 1. International Law Effects on Religious Communities.

Chapter 2. Transnational Law Effects on Religious Communities.

Chapter 3. Regional Law Effects on Religious Communities.

Part V. Religion and Politics.

Chapter 1. Religious Influence in Politics.

Chapter 2. Political Influence in Religion.

Chapter 3. Interaction between Religion and State on a Political and Legal Level.

Part VI. Labour Law and Religion.

Chapter 1. Scope of Application of Labour Law.

Chapter 2. Religious Ministers and Labour Law.

Chapter 3. Other Employees and Labour Law.

Part VII. Religious Communities and Protections of the Individual.

Chapter 1. Protection of Privacy.

Chapter 2. Freedom to Marry.

Chapter 3. Freedom of Expression.

Chapter 4. Due Process Norms and Religious Groups.

Chapter 5. Professional Secrecy.

Chapter 6. Medical Deontology.

Chapter 7. Non-discrimination.

Chapter 8. Penal Law and Religion.

Part VIII. Church Financing in Australia.

Chapter 1. Funding from the Public.

Chapter 2. Taxation Benefits.

Chapter 3. Prohibiting or Facilitating Financing by Legislation.

Chapter 4. State Fundraising Legislation.

Part IX. Education.

Chapter 1. Religious Education in Government Schools and Universities.

Chapter 2. Religious Schools, Universities and Theological Colleges.

Part X. Matrimonial and Family Law.

Chapter 1. Legal Position of Religious Marriage.

Chapter 2. Legal Position of Religious Family Law.

Part XI. Religion and Culture.

Chapter 1. Religion and Art.

Chapter 2. Religion and Media.

Chapter 3. Religion and Civil Society.

Chapter 4. Religion and Public Debate.

Selected Bibliography.