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Is Establishment Consistent with Religious Freedom?

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eBook details

  • Title: Is Establishment Consistent with Religious Freedom?
  • Author : McGill Law Journal
  • Release Date : January 01, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 370 KB

Description

Are religious freedom and religious establishment mutually exclusive? This question evokes a classic dichotomy that is at the heart of many legal systems, notably that of the United States--the separation of church and state. The prevailing view appears to be that these notions are indeed mutually exclusive and that nations that single out a specific religion and accord it a privileged position inevitably discriminate against adherents of other faiths. The authors argue, however, that a weak form of establishment is in fact consistent with religious freedom. Examining case law and legislation in countries such as England, Canada, Australia, and South Africa, they maintain that a state that explicitly acknowledges a religion without coercing or compelling religious practice or observance is compatible with religious freedom. Moreover, the authors suggest that religious establishment is inescapable insofar as all liberal democracies have an establishment.


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