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Type: Thesis
Title: Pathways for conscience protection in law: German, American and Australian perspectives
Author: Quirk, Patrick T.
Issue Date: 2020
School/Discipline: Adelaide Law School
Abstract: This thesis considers various interactions between law, conscience, and religion in three countries: Germany, the United States, and Australia. Looking in detail at recent controversies, including those over headscarves and crucifixes, and sometimes exploring philosophical and theological themes, this thesis makes comparisons across these countries based on case law, existing legislation, and constitutional provisions, as well as proposed legislative reform. The thesis also considers debates that occur inside religious traditions and reflects upon how such discussions impact the well-established sincerity test, which prohibits courts from taking positions on theological questions. Understanding a foreign solution to a familiar problem often leads to a more precise grasp of one’s own law. This thesis applies this axiom to inform debate in the future work of Australian federal and state Parliaments as they attempt to protect freedom of conscience and religion in a complex social milieu.
Advisor: Babie, Paul
Bromberg, Howard
Dissertation Note: Thesis (Ph.D.) -- University of Adelaide, Law School, 2020
Keywords: Law and religion
conscience protection
religious freedom
United States
constitutional law
sincerity test
sincerity test
Provenance: This electronic version is made publicly available by the University of Adelaide in accordance with its open access policy for student theses. Copyright in this thesis remains with the author. This thesis may incorporate third party material which has been used by the author pursuant to Fair Dealing exceptions. If you are the owner of any included third party copyright material you wish to be removed from this electronic version, please complete the take down form located at:
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