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The Law of Organized Religions - Between Establishment and Secularism (Hardcover)
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The Law of Organized Religions - Between Establishment and Secularism (Hardcover)
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The Law of Religious Organizations, provides the first modern
systematic account of the English law relating to religious
organizations. It introduces the subject through an historical
overview of the relationship between church and state, and a
depiction of contemporary patterns and structures of organized
faith. It considers in depth the emerging human rights law of
religious associations, the legal constitution of religious bodies,
the status of ministers of religion and legal privileges associated
with public religion.
Subsequent chapters examine the legal regulation of major aspects
of religious life, including rituals, faith-based education and the
delivery of faith-based welfare services. The book also considers
broader questions of the legal regulation of religion in public
life, from access to public discourse through formal and informal
governmental consultation processes to safeguarding the presence of
religious voices in the regulated mass media.
The final chapter draws together the author's reflections on trends
at a broader level of constitutional theory. It argues that modern
constitutional law occupies an uncertain position between
establishment and secularism. While accepting a version of the
secularization thesis in respect of English law, the author
identifies but rejects legal secularism as a specific alternative
to establishment. Instead, he argues for the clearer recognition of
constitutional principles of autonomy and neutrality in the
regulation of religious life.
The principal focus of the book is the law as it applies to
non-established religions, but comparative reference is made
throughout to the position of the Church of England. It emphasises
the recent historical development of the law as an essential key to
understanding current controversies and possible future
resolutions.
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