Law and Religion in Australia

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Added on 2021-02-20

Law and Religion in Australia

Added on 2021-02-20

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Law and Religion

Table of ContentsINTRODUCTION...........................................................................................................................3MAIN BODY ..................................................................................................................................3CONCLUSION ...............................................................................................................................7REFERENCES ...............................................................................................................................8

INTRODUCTIONTheir are several laws in Australia which support basic concept of religion which reflectsin the law of 'freedom of religion'. This law is an practice which is allowed by the government inwhich any person shall follow any path of devotion and choose which ever path they want tofollow. Australia being a very secular country in which constitution protects them in case of anyconsequences. Here the church and states are differ on several levels but state has providedseveral rules like express rights while Australia does not have any certain bill of rights but theconstitution has a shade of protection for them.MAIN BODY According to professor George Williams (The Establishment Clause of the AustralianConstitution: three Propositions and a Case Study) who made a clear point that severalprohibition in some place. Some of the the prohibitions are not directly in the favour of states,constitution does not protect anyone directly in such cases but there are several rights which areto be protected for all the human rights. The most prominent section which supports such theoryis article 116 which states that the regulation of religion and local customs such as several affairsis very important to protect. Due to very low level and few religious things law is not at par tofull fill it, ultimately it leads to protection of such by drafters of state constitution (Ferrari, 2012).Same as professor George, Latham CJ (The Legal and Religious Nature of AboriginalCustomary Law: Focus on Madayin) also made certain comments over the fact that religion hasalways been limited in context to having an individual freedom. He said that without theprotection and care provided by the society liberty it will become useless and meaning less andbecome very ineffective in nature. In simple terms it means that government has to guide suchcommunities and provide the fact that its very important to seek liberty from society andmaintain a proper religious liberty in country. Due to this case an issue was raised in article 116that freedom of religion for betterment of society and to protect the nature of cultures religiousaspects of different communities which follow a certain path of devotion. The law cannot banany religion to not explore and make new followers (Marx, 2015).Also according to Mason ACJ and Brennan (The Legal and Religious Nature of AboriginalCustomary Law: Focus on Madayin)had a statement which means that religion is limited innature thus, needs to be protected and carved through laws and their correct implementations.

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