The constitutional context of secularism, religious freedoms, and the state

Meacham, Anthony Paul (2015) The constitutional context of secularism, religious freedoms, and the state. [Thesis (PhD/Research)]

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Abstract

Three basic objectives are pursued in this thesis: (a) an analysis of the historical development of secularism and religious freedom across a number of jurisdictions, in the context of the theories regarding secular governance of the English thinker George Jacob Holyoake ; (b) analysis of various constitutional models regarding the relationship between organised religion and the state, through the examination by ultimate courts of issues that have arisen since the drafting of those constitutions; (c) an examination of how modern secular democracies have interpreted secular governance since the times and writing of Holyoake; and (d) recommendations for reform of secular government in light of this research.

This thesis is developed through three parts. Part I relates to the historical and contemporary philosophical development of secular government in England and Wales, in common law countries in the Americas and South Asia, including an examination of George Jacob Holyoake’s theories, as well as civil law countries in Europe. Part II deals with the constitutional law in these jurisdictions identifying areas where individual religious freedom rights clash with public policy of the secular state. Part III relates to reform of such states where efforts to keep a “separation of church
and state” have resulted in artificial and impractical results, and a constitutional theory is developed offering a solution.


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Item Type: Thesis (PhD/Research)
Item Status: Live Archive
Additional Information: Doctor of Philosophy (PhD) thesis.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - No Department
Date Deposited: 20 Oct 2015 02:27
Last Modified: 20 Oct 2015 02:27
Uncontrolled Keywords: secularism, religious freedom, constitutional models, state, constitutional, constitution, historical, philosophical, development, separation, church, George Jacob Holyoake
Fields of Research : 22 Philosophy and Religious Studies > 2204 Religion and Religious Studies > 220499 Religion and Religious Studies not elsewhere classified
18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
16 Studies in Human Society > 1699 Other Studies in Human Society > 169999 Studies in Human Society not elsewhere classified
20 Language, Communication and Culture > 2002 Cultural Studies > 200299 Cultural Studies not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/27859

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