Legal Responses to Religious DifferenceUntil recently English law has lacked any specific, generally applicable, guarantees of religious rights. Thus, bodies of law have developed in particular areas where religious interests arise but without a common legal frame. The Human Rights Act 1998, however, has brought the guarantees of the European Convention on Human Rights, most specifically the guarantees of religious rights, non-discrimination, and education rights, more fully into English law. As well as showing how one legal system has engaged with international obligations in respect of religious rights, this text provides a valuable source for comparative study of religious interests in national jurisdictions. It explores the particular response of the English legal system when faced with religious difference, and considers the extent to which the Human Rights Act may produce significant legal change. The text is aimed specifically at both the legal and non-legal reader, and concludes with a discussion of how to use English legal sources, and an extensive bibliography. |
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Vsebina
INTRODUCTION | 3 |
RELIGIOUS ORGANISATIONS | 4 |
THE INTERNATIONAL LEGAL CONTEXT | 29 |
THE ENGLISH LEGAL CONTEXT | 75 |
Formation and Maintenance of Religious Organisations | 111 |
STATUS | 141 |
The possible impact of the Human Rights | 158 |
THE CONSTITUTION OF THE STATE | 165 |
CHILDREN | 277 |
SACRED SPACES | 321 |
PAGANISMS | 351 |
SCIENTOLOGY | 391 |
Notes | 422 |
CONCLUSIONS | 435 |
APPENDIX USING ENGLISH LEGAL MATERIALS | 443 |
451 | |
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abuse accepted action activities adoption Appeal application approach argued argument Article 9 authority basis beliefs benefit charity child Christian Church claims Commission concerning consider consideration constitute context Convention Court criminal cult dealing decision definition determine discrimination discussion doctrines effect employer employment England English established Eur.Cm.H.Rts European exclude exercise expression faith Family freedom grounds guarantees House Human Rights important individual instance interests involved issues Journal justified Law Journal Law Review legislation limited London Lord minister movements noted op.cit organisation organization Pagan parents particular person planning possible practices Press problems protection question reason recognition reference relation religion religious religious beliefs religious interests religious organisation Report restriction ritual rules Satanism Scientology seeking social society status suggested tradition treatment United Kingdom University worship