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Law and Religion in the Commonwealth: The Evolution of Case Law

Edited by: Renae Barker, Paul Babie, Neil Foster

ISBN13: 9781509950140
To be Published: April 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context.

The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria.

The cases are divided into four sections covering:

  • Foundational Questions in Law and Religion
  • Freedom of Religion around the Commonwealth
  • Religion and state relations around the Commonwealth
  • Rights, Relationships and Religion around the Commonwealth

Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include:

  • Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of Allah by non-Muslims in Malaysia
  • The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia
  • Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights
  • R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights

The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.

Human Rights and Civil Liberties
1. Introduction
Renae Barker, Paul Babie and Neil Foster
Part I: Foundational Questions in Law and Religion
2. The Scientology Case: Defining Religion for the World (Australia)
Renae Barker
3. The Allah Case: What is the Name of God? (Malaysia)
Joshua Neoh
Part II: Freedom of Religion around the Commonwealth
4. Cross Words: Eweida v UK and Reformulation of Religious Freedom (UK)
Russell Sandberg
5. Crumbs of Comfort in the Culture Wars: The 'Gay Cake' Case (UK)
Ian Leigh
6. R v Big M Drug Mart (Canada)
Richard Moon
7. Shalla v State: On Blasphemy and Blasphemy Laws in Islam (Nigeria)
Azizat Omotoyosi Amoloye-Adebayo and Imam-Tamim Muhammad Kamaldeen
8. Indira Gandhi v Pengarah Jabatan Agama Islam Perak (Malaysia)
Dian AH Shah
Part III: Religion and State Relations around the Commonwealth
9. Aston Cantlow v Wallbank: Defining the Public and Private Functions of the Established Church of England (UK)
Mark Hill QC
10. The Defence of Government Schools Case: Establishing a Dog's Breakfast? (Australia)
Luke Beck
11. Adelaide Company of Jehovah's Witnesses Inc v Commonwealth (Australia)
Paul Babie
12. Ayodhya Judgment (M Siddiq (D) Thr Lrs Vs. Mahant Suresh Dass & Others) (India)
Sawinder Singh
13. Benazir Bhutto vs. Federation of Pakistan (Pakistan)
Umar Rashid
Part IV: Rights, Relationships and Religion around the Commonwealth
14. The Legal Status of Religious Marriage in the UK: Attorney General v Akhter & ors (UK)
Michelle Flynn
15. Christian Youth Camps ltd v Cobaw Community Health Services Ltd (Australia)
Neil Foster
16. Shabarimala (Indian Young Lawyers Association) & Ors v The State of Kerala & Ors in Writ Petition & Shayara Banu (Shayara Bano) v Union of India and Others (India)
Preeti Nalavadi
17. Allcard v Skinner (1887) 36 Ch D 145
Craig Allen