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Type: Journal article
Title: The Ethos of Protection for Freedom of Religion or Belief in Australian Law
Author: Babie, P.
Citation: University of Western Australia Law Review, 2020; 47(1):64-91
Publisher: The University of Western Australia
Issue Date: 2020
ISSN: 0042-0328
Statement of
Paul T. Babie
Abstract: This article suggests that an ‘ethos’ of protection for freedom of religion or belief (‘FoRB’) exists in Australian law. The ethos involves three components. First, an approach to rights protection found in international and Australian domestic law which both recognises the individual right to FoRB, and the need for it to be balanced against the community interest. Second, the content of the right itself, found in constitutional, statutory (Commonwealth, State, and Territory), and common law protections for FoRB. And, third, remedies for the violation of the right, which operate within a wider rights ‘dialogue’ or ‘conversation’ between the three branches of government—legislative, executive, and judicial—in an attempt to balance individual and community interests implicated by FoRB.
Keywords: Freedom of Religion
Freedom of Belief
Religion Law
Rights: Copyright of articles published in The University of Western Australia Law Review remains with the individual authors.
Published version:,-issue-1
Appears in Collections:Aurora harvest 8
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