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- Title
LEGISLATING FOR RELIGIOUS FREEDOM IN AUSTRALIA: NAVIGATING THE LONG AND WINDING ROAD.
- Authors
SARRE, RICK
- Abstract
This paper examines the underpinnings of religious freedom in Australia today. It does so by revisiting two High Court cases that explored the scope of section 116 of the Constitution and its impact on the law-making powers of the Commonwealth. It highlights afresh aspects of the state and federal anti-discrimination provisions that constrain religious expression. It examines the report of the Ruddock review into religious freedom carried out in 2018. It reviews the 2019 Israel Folau imbroglio. The paper concludes with some observations about the way in which the current religious freedom Bills proffered by the Morrison government for debate in 2020 do not disturb the symbiotic relationship that exists between religion and law in Australia today.
- Subjects
FREEDOM of religion; AUSTRALIA. High Court; ANTI-discrimination laws
- Publication
University of Western Australia Law Review, 2020, Vol 47, Issue 1, p15
- ISSN
0042-0328
- Publication type
Article