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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Law, Rights, and Religion 2nd ed isbn 9780198827153

Freedom of Religion, Minorities, and the Law 1st ed


ISBN13: 9780199290628
New Edition ISBN: 9780198827153
Published: February 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Over the past fifty years, England has experienced considerable immigration, and as a result, the population has become increasingly religiously and culturally diverse. This plurality has inevitably raised fundamental questions about the individual and group rights and equality and non-discrimination on the one hand, with tolerance and social cohesion on the other. At a practical level the debates range from the issue of wearing religious clothing in schools to demands for the establishment of additional faith schools, through to requests for employment leave to perform religious rites.

Underpinning the debate is the issue of how the political and legal system should view diversity, and how it should balance the competing interests of the individual or group against those of state or wider society, employer or educational establishment. The demands of religious groups and individuals have for some time been articulated in the public sphere and in the courts. However, the introduction of greater protection for religious minorities in English Law, including the Human Rights Act 1998, the EC Equality Directives, and the Equality Act 2006 have provided important milestones in this area.

This book briefly covers the historical background to issues of religious freedom in England, and analyses the position of religion in the constitution and with regard to the legal framework including the state's obligations under the European Convention on Human Rights. It then deals in more detail with specific areas of legal practice including education, employment, immigration, and public law, examining key case law and analysing current problems. The book combines detailed analysis with a clear assessment of the practical and procedural issues which practitioners face.

  • Provides a concise legal overview of a complex and highly topical subject
  • Examines the legal context of principles underlying religious freedom and minority rights, including the Human Rights Act 1998, the EC Equality Directives, and the Equality Act 2006
  • Includes coverage of recent topical and high-profile cases such as Begum, regarding the wearing of Muslim dress in a state school
  • Combines detailed analysis with a clear assessment of the practical and procedural issues which practitioners face

Subjects:
Human Rights and Civil Liberties
Contents:
1. Context and background
2. Legal Framework
3. The Balance of Competing Interests
4. Education
5. Employment
6. Immigration and Asylum
7. Planning, Prisons, and Health and Safety