Great Australian Dissents


Book Description

This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.







Religious Freedom and the Australian Constitution


Book Description

This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.




Reason, Religion and the Australian Polity


Book Description

How did the concept of the secular state emerge and evolve in Australia and how has it impacted on its institutions? This is the most comprehensive study to date on the relationship between religion and the state in Australian history, focusing on the meaning of political secularity in a society that was from the beginning marked by a high degree of religious plurality. This book tracks the rise and fall of the established Church of England, the transition to plural establishments, the struggle for a public Christian-secular education system, and the eventual separation of church and state throughout the colonies. The study is unique in that it does not restrict its concern with religion to the churches but also examines how religious concepts and ideals infused apparently secular political and social thought and movements making the case that much Australian thought and institution building has had a sacral-secular quality. Social welfare reform, nationalism, and emerging conceptions of citizenship and civilization were heavily influenced by religious ideals, rendering problematic traditional linear narratives of secularisation as the decline of religion. Finally the book considers present day pluralist Australia and new understandings of state secularity in light of massive social changes over recent generations.