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A General Right to Conscientious Exemption: Beyond Religious Privilege


ISBN13: 9781108478458
Published: July 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99



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The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation. The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest.

The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.

  • The first monograph to provide a legal and theoretical analysis of the practice of conscientious exemptions in the US, Canada and UK
  • Provides in depth and up to date analysis of all the relevant case law making readers aware of the most recent legal developments
  • Provides a sustained argument as to the existence of the general right and as to its availability to non-religious objectors

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction
2. The General Right to Conscientious Exemption in US Law
3. The General Right to Conscientious Exemption in US Law: Beyond Religious Privilege?
4. The General Right to Conscientious Exemption in Canadian Law
5. The General Right to Conscientious Exemption in Canadian Law: Beyond Religious Privilege?
6. The General Right to Conscientious Exemption in UK Law
7. The General Right to Conscientious Exemption in UK Law: Beyond Religious Privilege?
8. The Liberal Model of Conscientious Exemptions
9. Balancing the General Right with Sexual Orientation Discrimination
10. Conclusion