Religious Freedom and the Australian Constitution

Origins and Future

Luke Beck

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Hardback

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English

Routledge
26 March 2018

Religion & politics; Religious freedom & freedom of worship; Constitutional & administrative law

Series: ICLARS Series on Law and Religion

This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.

By: Luke Beck
Imprint: Routledge
Country of Publication: United States
Dimensions: Height: 246mm, Width: 174mm,
Weight: 453g
ISBN: 9780815367260
ISBN 10: 0815367260
Series: ICLARS Series on Law and Religion
Pages: 194
Publication Date: 26 March 2018
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Dr Luke Beck is Associate Professor at Monash University, Australia.

Reviews for Religious Freedom and the Australian Constitution: Origins and Future

'As matters of religion become more contentious in Australia, Beck's thorough, clear and insightful analysis of the religion provisions of the Australian constitution is welcome and timely. This book provides a fascinating history of the legal, political and social aspects of one of the few rights provisions of the constitution.' Carolyn Evans, the University of Melbourne, Australia 'The Australian Constitution's references to religion have long been misunderstood. This work of meticulous and engaging scholarship uncovers their true historical origins and explains their foundational meaning. In doing so, it throws light on Australia's historical culture, underlining its significance for both legal and popular understanding of law and religion today. Beck's book will change minds.' Helen Irving, The University of Sydney, Australia