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Supreme Court Law Review, 2nd Series, Volume 79

In recent years law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction of law itself and limits of law – an important but often overlooked aspect of settling the boundaries of church and state, religion and law.
Publication Language: English
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$200.00
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ISBN/ISSN: 9780433495147

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In recent years law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction of law itself and limits of law – an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of close to 20 authoritative contributors of diverse background examines changes in the role and meaning of religion in society, the dimensions of law and religion, and finally the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

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Table of contents

PART I: RELIGION IN LIBERAL THOUGHT
Should There Be a Legal Presumption in Favour of Diversity? Some Preliminary Reflections – Iain T. Benson
Liberal Pluralism and the Challenge of Religious Diversity – Peter D. Lauwers
Constitutional Principles as State Territory – Paul Cliteur

PART II: RELIGIOUS FREEDOM OF RELIGIOUS ORGANIZATIONS
The Challenge and Promise of Religious Associations to Liberal Democratic Order – John von Heyking
The Social Ontology of Religious Freedom – Victor M. Muniz-Fraticelli
Religious Organizations' Right to Autonomy and Collisions with Other Fundamental Rights: an International Human Rights Law Analysis – Jeroen Temperman
The Requirement of Religious Neutrality: Civic Action and Institutional Autonomy – Richard Moon

PART III: PRIVATE CHOICES PUBLIC CONSEQUENCES
Conceiving Freedom of Religion in Terms of Obedience to Conscience – Ian Leigh
Should Conscience be a Proxy for Religion in Some Cases? – Richard Haigh
When Law, Religion, and Family Meet: Private Choices, Religious Neutrality, and the Liberal State – Anat Scolnicov

PART IV: THE CLASH OF RIGHTS
Judicial Method on Rights Conflicts in the Context of Religious Identity – Dwight Newman
Competing Rights under the Canadian Charter: Are Some Issues More Equal than Others? – Janet Epp Buckingham
Freedom of Religion, Competing Rights, and Spatial Priority Presumptions – Alvin A. J. Esau
Religion and the Clash of Rights in the United Kingdom – Frank Cranmer

PART V: EQUALITY AND RELIGIOUS FREEDOM
Resolving Equality Uncertainty: Adverse-effects Claims and Conflicts Between Equality-seeking Claimants – Eugene Meehan QC, Marie-France Major, and Thomas Slade
The Charter is Not a Blueprint for Moral Conformity – Barry W. Bussey