Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?

Gray, Anthony (2011) Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid? Forum on Public Policy: a Journal of the Oxford Round Table, 2011 (2). pp. 1-33. ISSN 1938-9809

Abstract

This article considers the controversial issue of the banning of religious dress in some countries, in particular dress often associated with Islam such as the burqa or the hijab. It acknowledges the difference of opinion as to the symbolism involved in the wearing of such clothing, and whether or not it has religious links, or is more broadly the expression of an attitude towards women. It considers how such bans have been received in other jurisdictions, before considering whether a ban in Australia at either the federal or state level would be constitutionally judged, in light of the religious freedom for which s116 of the Commonwealth Constitution provides, and the provisions of the Racial Discrimination Act 1975 (Cth).


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to the copyright policy of the publisher. The Forum on Public Policy is a blind review scholarly journal committed to the dissemination of knowledge in the field of public policy.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 18 Aug 2011 01:29
Last Modified: 03 Jul 2013 00:45
Uncontrolled Keywords: religious freedom; burqa; hijab; ethnicity; inconsistency; s116 Constitution; s109 Constitution
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/19506

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