This collection of essays explores the impact of religion on the law. Its primary focus is the common law world but the work also considers the influence of religion on the law more generally. The essays have been selected for their varying historical, cultural and constitutional perspectives. The issues of separation of church and state and freedom of religion are discussed in the context of different constitutional backgrounds, including those of the United States, Australia, Canada and the United Kingdom. Other essays cover selected themes, including the international protection of religious freedom, blasphemy, charity law, clergy confidentiality, death and the sanctity of life principle. This book will be an ideal text for students undertaking law and religion courses.
Introduction / Peter Radan, Denise Meyerson, Rosalind Croucher -- International law and religion : Article 18 of the International Covenant on Civil and Political Rights / Peter Radan -- The establishment clause of the United States Constitution / Russell Weaver -- The free exercise clause of the United States Constitution / Russell Weaver -- Religion and Australian constitutional law / Tony Blackshield -- Religion and the South African Constitution / Denise Meyerson -- Between liberté and égalité : religion and the state in Canada / M.H. Ogilvie -- The constitutional significance of the Church of England / Andrew Lynch -- Blasphemy / Lawrence Mcnamara -- Charity law and religion / G.E. Dal Pont -- Clergy confidentiality and privileges : themes and prospects / Simon Fisher -- The sanctity of life in law : comparisons between Jewish, Catholic, Islamic and common law approaches / Cameron Stewart -- Law and religion : religion and death in the common law / Prue Vines, Rosalind Croucher.