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Freedom of Religion in Australia

Authors: Aroney, Nicholas; Saunders, Benjamin;

Freedom of Religion in Australia

Abstract

Freedom of association in Australia is legally protected and regulated in Australia principally by the common law and by statute, and only in an elliptical way by the constitution. In practice, Australians enjoy high levels of associative freedom due to cultural norms and historical traditions that undergird respect for freedom of association in social, economic and political life. This article outlines how Australian common law affirms the right to free association as a background liberty, illustrating its application across several domains. The article then discusses the limited protection to freedom of association accorded by the national constitution through the constitutional right to freedom of religion (s 116) and the implied freedom of political communication. Three case studies that illustrate the operation and importance of those protections are then closely examined. Finally, the article summarises the limited statutory protections provided by human rights charters enacted in three subnational jurisdictions in Australia, juxtaposing these against national and state laws that regulate and constrain associational rights.

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Keywords

4807 Public law, freedom of religion, 4802 Environmental and resources law, 4806 Private law and civil obligations, common law, human rights charters, charity law, freedom of association, non-discrimination, 48 Law and Legal Studies

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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