The secular Commonwealth: Constitutional government, law and religion

Mortensen, Reid (1995). The secular Commonwealth: Constitutional government, law and religion PhD Thesis, T.C. Beirne School of Law, The University of Queensland.

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Author Mortensen, Reid
Thesis Title The secular Commonwealth: Constitutional government, law and religion
School, Centre or Institute T.C. Beirne School of Law
Institution The University of Queensland
Publication date 1995
Thesis type PhD Thesis
Total pages 478
Language eng
Subjects 1801 Law
Formatted abstract Three basic objectives are pursued in this thesis: (a) the development of a theory of secular government that is appropriate in conditions of religious pluralism; (b) the elaboration of the primary legal institutions that organise relations between government and religion; and (c) the reform and adjustment of these instimtions in light of the proposed theory of secular government. The thesis is developed through three parts. Part 1 deals with the philosophical basis of secular government and its historical development in common law countries through disestablishment, toleration and "the separation of church and state". Part 2 relates to the constitutional law in Australia, especially section 116 of the Commonwealth Constimtion. Part 3 relates to other aspects of the law: the use of religious and secular reasons in adjudication, the legal autonomy of religious groups, religious discrimination laws and blasphemy laws.
Keyword Church and state
Constitutional law
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