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Religion, Law and the Constitution - Balancing Beliefs in Britain (Paperback)
Loot Price: R1,412
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Religion, Law and the Constitution - Balancing Beliefs in Britain (Paperback)
Series: Law and Religion
Expected to ship within 10 - 15 working days
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This book examines the existing constitutional and legal system in
England, Wales and Scotland, through the prism of its treatment of
religion and belief. The study encompasses questions of
Church/state relations, but pushes far beyond these. It asks
whether the approach to religion which has spread out from
establishment to permeate the whole legal framework is a cause of
concern or celebration in relation to individual and collective
freedoms. The primary focus of the work is the synergy between the
religious dimension of the juridical system and the fundamental
pillars of the Constitution (parliamentary sovereignty, the rule of
law, separation of powers and human rights). Javier Garcia Oliva
and Helen Hall challenge the view that separation between public
and religious authorities is the most conducive means of nurturing
a free and democratic society in modern Britain. The authors
explore whether, counter-intuitively for some, the religious
dynamic to the legal system actually operates to safeguard
liberties, and has a role in generating an inclusive and adaptable
backdrop for our collective life. They suggest that the present
paradigm brings benefits for citizens of all shades of religious
belief and opinion (including Atheist and Humanist perspectives),
as well as secondary advantages for those with profound beliefs on
non-religious matters, such as pacifism and veganism. In support of
their contentions, Garcia Oliva and Hall examine how the religious
dimension of the legal framework operates to further essential
constitutional principles in diverse settings, ranging from
criminal to family law. In a groundbreaking move, the authors also
set the legal discussion alongside its social and cultural context.
They consider how the theological perspectives of the larger faith
traditions might influence members' ideas around the key
constitutional precepts, and they include extracts from interviews
which give the personal perspective of more than 100 individuals on
contemporary issues of law and religious freedom. These voices are
drawn from a range of fields and positions on faith. While the
authors are at pains to stress that these sections do not support
or advance their legal or theological conclusions, they do provide
readers with a human backdrop to the discussion, and demonstrate
its crucial importance in twenty-first century Britain.
General
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