African
States
Conflict of Laws
polygamy and 'parallel' personal laws - 1968, 18, 33
Constitutional law
absolute powers of legislatures - 1982, 72/73, 31
Education
human & civic rights education - 1997, 132/133, 49
Human Rights
non-entrenchment of fundamental rights in constitutional law - 1982,
72/73, 31
International Law
Cameroon-Nigeria conflict over Bakassi Peninsula - 1997, 132/133,
39
Legal Systems
influences of customary law, common law and religion - 1990, 104/105,
20
Armenia
Human rights
imprisonment of Jehovah's Witness for refusing military service violates Article 9 (ECHR) - 2011, 167, 101; (similar cases ECHR) - 2012, 168, 117
Jehovah's Witnesses imprisoned for refusing alternative to military service (still overseen by the military) had Article 9 rights violated (ECHR) - 2017, 179, 220
Jehovah's Witnesses refused registration by NKR: Armenia held responsible for violation of rights including that of conscientious objection to military service (ECHR) - 2022, 189, 194
Jehovah's Witness prosecuted for seeking alternative to military service in disputed area of NKR; Armenia ruled responsible for securing his rights (ECHR) - 2021, 187, 167
Asia
European Community
E.C. trade agreements, use of human rights & democracy clauses
with - 1995, 126/127, 105
Australia
Abortion
husband's right to prevent - 1989, 102/103, 68
Church & State
Anglican Church constitutionally cannot be a national church - 1993,
118/119, 128
Anglican Church in Australia, nature and legal effect of - 1993,
118/119, 128
confession, seal of, in the Church of England, whether seal still upheld in law in light of child abuse cases - 2022, 189, 126
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
former Anglican Bishop deposed by Diocese; appeal to Appellate Tribunal concluded no jurisdiction but ruled deposition void as Diocese had exceeded its own jurisdiction - 2017, 178, 124
judicial intervention in Church affairs (New South Wales) - 1992,
112/113, 51
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Constitutional Law
Mabo land case, aboriginal land rights, departure from precedent
- 1993, 118/119, 84
Courts & Tribunals
Beth Din (named as dispute court in contract between companies) charged with criminal contempt for threatening religious sanction for not submitting to their judgment (case) - 2019, 183, 219
Employment law
indirect discrimination: employment cases in English, Australian
& European law - 1995, 126/127, 83
law regarding essential services - 1990, 106/107, 48
Human Rights
gay rights activist wins discrimination case against Catholic Schools
- 2002, 148, 4
Sikh's being forbidden by State law from carrying kirpan (knife) at school ruled unconstitutional as racial discrimination (case) - 2023, 191, 190
Land law
the Mabo land case, aboriginal rights - 1993, 118/119, 84
Legal history
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62
Medicine
Bolam principle abandoned in Australia - 1994, 120/121, 26
duty to inform & advise patients, development of the - 1994,
120/121, 26
embryology research and experimentation - 1988, 98/99, 75
Roman Catholic Church
vicarious liability for child sexual abuse by priest; he was not employee of Catholic Chutch but holistically they are vicariously liable (case) - 2022, 188, 80
Taxation
court ruled Church of Scientology is religious institution so exempt from payroll tax - 2017, 178, 57
Unborn Child
claims for pre-natal injury in US, UK & Australia - 1989, 102/103,
68
rights of an unborn child - 1972, 36, 88
Austria
Church and State
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4
Human Rights
denigration of prophet Muhammad may disturb religious peace so criminal conviction didn't violate Article 10 (ECHR) - 2018, 181, 234
Jehovah's Witnesses discriminated against by being liable for compulsory
civilian service, when exempted from military service (case) - 2009,
163, 184
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
Jehovah's Witnesses seeking recognition as a religious society suffered
unacceptable delays breaching Article 9 (case) - 2008, 161 154
newspaper alleging sexual impropriety at a seminary didn't violate privacy or perpetrators, but paper prohibited from republishing photo (ECHR) - 2013, 170, 130
paid holiday on Good Friday, giving this only to certain religions is direct discrimination and against equal treatment (case) - 2019, 182, 83
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
religious community wanting registration should not have to undergo
ten year waiting period (case) - 2009, 163, 200
religious tolerance means religious must accept reasonable criticism but not gratuitously offensive speech (ECHR) - 2020, 184, 37
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Marriage
opposite sex couple denied civil partnership had no rights violated (ECHR) - 2018,180, 137
same sex marriage: EU states not obliged to implement this or, if
they do, make it correspond to marriage in every way (case) - 2010,
165, 233
Medicine
IVF using donors can be banned in Europe but must be coherent, in
these cases rights were violated (ECHR) - 2011, 166, 100; on appeal
Austria had not exceeded margins of appreciation (GC) - 2012, 168,
141
Azerbaijan
Human Rights
convictions & imprisionment for publishing article critical of Islam; Article 10 breached as State didn't balance rights properly (ECHR) - 2020, 184, 119
Jehovah's Witnesses sentenced to prison for conscientious objection; Article 9 violated as no provision made for alternative service (ECHR) - 2020, 184, 110
mosque congregation not discriminated against by refusal of registration as hadn't exhausted domestic remedies, didn't own the property and could worship elsewhere (ECHR) - 2013, 170, 128
non-profit NGO shut down for engaging in Islamic activities; rights breached as domestic law didn't define 'religious activity' (ECHR) - 2015, 174, 149
Bangladesh
Marriage
learning disabled woman contracted arranged marriage in Bangladesh, courts rules it invalid & nullity should be declared (case) - 2012, 169, 294
Belgium
Church / State
Church/State provisions in Constitution - 2009, 162, 4
Employment Law
religious dress at work: company can have religiously neutral rules applied to all; indirect discrimination allowed if legitimate and necessary (case) - 2017, 178, 118
religious dress in workplace; religious and philosphical beliefs constitute separate grounds of protection (EUECJ opinion) - 2022, 189, 197
Human rights
Church of Scientology investigated for fraud, court can't rule on alleged press statements by authorities prejudicing case since domestic remedies not exhausted, journalists being solely responsible etc (ECHR) - 2014, 172, 74
civil action by French & Dutch nationals against the Holy See for handling of sexual abuse; Belgian court has no jurisdiction due to state immunity (ECHR) - 2022, 188, 85
European law allowing ban on face covering, does this impose valid restriction particularly on Muslim women? - 2018, 180, 82
Jehovah's Witnesses: removal of property tax exemptions from non-recognised religions caused violation of rights; risk of arbitrariness & lack of legal certainty (ECHR) - 2022, 189, 188
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
Muslim ritual slaughter without pre-stunning is allowed in approved premises in EU; freedom of religion (EUECJ) - 2018, 181, 242
niqab banned in public places; law challenged but upheld as a fair choice by society (ECHR) - 2017, 179, 223
Bermuda
Human rights
same-sex marriage: ban on this is not discrimination on human rights
grounds or against the Constitution (case) - 2022, 189, 190
Bosnia & Herzegovina
Human rights
religious clothing: Muslim witness fined & then imprisoned for refusing to remove skullcap in court; authorities violated Article 9 (ECHR) - 2018, 180, 118
Bulgaria
Employment Law
dismissal by State employer due to belonging to a religious group
is unlawful (ECHR) - 2007, 158, 78
Human rights
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
Orthodox breakaway denominations refused registration; state should not determine whether religious beliefs are identical so rights were breached (ECHR) - 2021, 187, 168
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
refusal to register Ahmadi Muslim group violated Article 9; state shouldn't assess religious beliefs (ECHR) - 2017, 179, 238
refusal to register religious association due to political activities violated Article 11 (ECHR) - 2017, 179, 238
refusal to register religious association with similar name & constitution to another violated Article 9 read with 11; allow public to choose (ECHR) - 2017, 178, 133
religious organisation meetings in lady's house classed as sect & subjected to illegal police searches; rights violated (ECHR) - 2015, 174, 136
Roma church hadn't exhausted domestic remedies for their registration before appealing to ECHR (case) - 2008, 161, 145
unlawful for government to take sides between rival church leaderships (ECHR) - 2009, 163, 185; applicants awarded damages but no property rights (ECHR) - 2011, 166, 82
violent demonstration against mosque's call to prayer not properly investigated, no one charged; worshipper's rights violated (ECHR) - 2015, 174, 151
Canada
Constitutional Law
legislative hierarchy and constitutionality of statutes - 1971,
31, 67
principles of, and inherent problems in, constitution - 1977, 54/55,
82
Ecclesiastical Law
Church congregation, as a voluntary association with Constitution, should abide by this when expelling members (case) - 2020, 184, 90
Employment Law
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
Ethics and Morality
torture rejected as fundamentally unjust - 2007,
159, 103
Jurisprudence
voluntary religious association, expulsion of members of; court rules no contract so no jurisdiction (case) - 2021, 187, 170
Taxation
Tai Chi institution's exemption from taxes as a religious institution, passed but then rejected on appeal as no acts of worship take place (case) - 2022, 188, 84
Unborn Child
duty of care owed to unborn child in common law provinces - 1973,
38, 28
Cayman Islands
Marriage
same-sex marriage not a right laid down in constitution (only civil partnership); other legislation could recognise it later (case) - 2022, 189, 195
Chagos Islands
International law
case against their removal from their land for a US defence base
- 2001, 146, 5
Croatia
Human rights
government must remain neutral and recognise small reformed churches as able to provide pastoral care, education and marriages (as others are) (ECHR) - 2011, 166, 96
school teacher of Catholic religion, dismissal after divorce & remarriage not disproportionate; he had received some help (ECHR) - 2016, 177, 227
Czech
Human rights
human dignity as basis of human rights in Czech court judgments - 2022, 189, 110
Denmark
Church / State
Church of Denmark: quasi-Erastian Church/State model - 2009, 162, 4
European Community
Abortion
Irish anti-abortion issues before the European Court of Justice
- 1992, 114/115, 126
EU statements on abortion & their supervision of incorporating the X case into Irish law - 2011, 166, 5
Canon law
Western law & Canon law on usury: background, development, theory, practice & possible future provisions for Europe - 2014, 172, 42
Church & State
capital punishment: church/state influences - 2006, 156, 11
delimiting governmental power in the religious domain: the Bessarabian
Church case - 2003, 151, 137
ECHR case law on right to wear religious symbols, development over time - 2013, 171, 52
effects of social change on religious traditions & governance
in Europe - 2004, 152, 68
EU law upholds impartiality of State towards religions (incompetent to decide on religious doctrines) - 2013, 171, 21
European Conferences exploring the concept of National Church -
2002, 149, 70
interest of European States in religious affairs - 2004, 152, 68
law on religion in the media (in different European countries) -
2004, 152, 68
National Churches in Europe & UK, examples of - 2002, 149, 157
practical relations between religious groups & public authorities
in European countries - 2004, 152, 68
religious influence on secular government in Europe - 2004, 152,
68
religious pluralism in Europe: legal responses to - 2004, 152, 68
secular values systems - 2004, 153, 159
state law, religious needs & social conflict in Europe - 2004,
152, 68
State neutrality in European countries with regard to institutional religious symbols (public policy & case law) - 2013, 171, 21
Sunday trading and Article 30 of Treaty of Rome - 1989, 100/101,
72
Comparative law
differing regulation of excessive interest rates across Europe - 2014, 172, 42
federalism in the EU & the
US Constitutions - 2005, 155, 87
usury laws across Europe and U.S. - 2014, 172, 42
Competition law
double standards and free movement of goods - 1988, 96/97, 55
Free movement of goods, Sunday trading and 'proportionality' - 1991,
110/111, 44
Constitutional law
Constitution (proposed), jurisdiction & powers of - 2005, 155,
87
Constitutions & federalism, comparison of, in US and EU - 2005,
155, 87
creating a 'draft treaty establishing a Constitution for Europe'
- 2004, 152, 3
debate over whether the European Constitution should refer to Christian
tradition - 2004, 152, 3
federalism in the EU & the US Constitutions - 2005, 155, 87
religion in the Constitutions of different European countries -
2004, 152, 3
Courts & Tribunals
judicial power in the EU: 3 tiers
of courts - 2005, 155, 87
Criminal Law
capital punishment, US and EU attitudes
to and morality of - 2006, 156, 3
Education
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
Employment law
Employment law (E.U.): possible effects on church schools - 2002,
148, 4
Employment law (E.U.) and religious organisations: possible conflicts
- 2002, 148, 4
indirect discrimination: employment cases in English, Australian
& European law - 1995, 126/127, 83
indirect discrimination cases: English & European law in conflict
- 1995, 126/127, 83
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission -
1968, 21, 168
analysis of articles and their equivalents in English law - 1987,
92/93, 59
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101,
71
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
change in emphasis in ECHR case law (since 2005) away from proving
manifestation & interference in beliefs, towards possible justification
for the interference - 2013, 171, 52
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969,
24, 106
detaining foreign nationals without trial allowed for suspected
terrorists - 2003, 150, 79
Diane Pretty case: human rights not breached, no legal 'right to
die' - 2003, 150, 51
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights?
- 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning
- 1999, 140/141, 26
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
Jehovah's Witness complaints of discrimination; 2020 cases heard by ECHR - 2021, 186, 89
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
not necessary to specifically cite ECHR in national courts for violation
to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
religious discrimination employment cases, effect of European Convention
on UK - 1998, 138/139, 105
right to respect for family life - 1989, 100/101, 71
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153,
128
torture in ECHR: should circumision be covered as well as FGM? - 2021, 186, 20
unsuccessfully invoked to circumvent blasphemy law - 2000, 145,
6
'victim' only, can bring a matter to court - 2005, 154, 27
Human Rights
E.C. trade agreements, use & enforcement of human rights &
democracy clauses in - 1995, 126/127, 105
enforcement of rights in domestic courts
- 1977, 54/55, 130
EU human rights are individualistic, UN ones involve more collective
responsibility - 2004, 153, 159
Fair Trials Abroad (FTA): group promoting European justice - 2001,
147, 114
freedom of religion: upholding by the ECHR - 2003, 151, 137
Human Rights Act 1998: how it gives legal effect to the European
Convention - 2001, 146, 5
miscarriages of justice, cases in Europe - 2001, 147, 114
problems of ensuring justice in the different legal systems of Europe's
nation states - 2001, 147, 114
Jurisdiction
over foreign parent companies - 1990, 106/107, 31
Jurisprudence
subsidiarity, a critique of, in theology and E.C. law - 2002, 148,
46
subsidiarity: reflections on its importance in the EU - 2005,
154, 31
subsidiarity within the European legal order - 2003, 151, 111
Legal history
European Unification, a brief history of - 2004, 152, 3
Irish accession and its effects in Ireland - 1983, 78/79, 78
Legislation
legislative power in the proposed
EU Constitution - 2005, 155, 87
Medicine
human cloning, prohibition of - 1999, 140/141, 26
Sociology
effects of social change on religious traditions & governance
in Europe - 2004, 152, 68
religious influence on secular government in Europe - 2004, 152,
68
state law, religious needs & social conflict in Europe - 2004,
152, 68
European Mainland
Administrative law
civil and common law systems compared - 1981, 68/69, 9
Legal History
contracts & 'good faith': from Roman law to modern Europe -
2000, 144, 4
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
witchcraft: laws & trial processes in England compared to Europe (ecclesiastical & secular courts) - 2011, 167, 54
Europe, Central &
Eastern
European Community
E.C. trade agreements, use of human rights & democracy clauses
with - 1995, 126/127, 105
Finland
European Community
Jehovah's Witnesses collecting data during door-to-door preaching must comply with EU data law (EUECJ) - 2018, 181, 259
Human Rights
Jehovah's Witnesses having to get consent from people to collect their data obtained door to door does not violate their rights (ECHR) - 2023, 191, 194
transsexual can't have I.D. number changed to female unless his wife agrees to divorce as same-sex marriage unlawful (ECHR rules in favour of state) - 2013, 170, 122; Appeal upholds state refusal - 2014, 173, 224
France
Church and State
European court allows State power to impose conditions of 'living together,' e.g. by not wearing veil, on people that don't agree; is this justified or violating freedom of conscience? - 2018, 180, 82
examples of Church / State relations - 2009, 162, 4
France & Greece: two approaches to religious pluralism - 2004,
152, 27
relations between different faiths & the public administration/government
- 2004, 152, 27
Constitutional law
general legal framework relating to religion - 2004, 152, 27
Employment Law
employer (without dress rules) cannot say a customer's wish not
to deal with employee in hijab is a genuine occupational
requirement (case) - 2017, 178, 118
Family Law
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle - 2008, 160, 50
same-sex civil partners, one with daughter, adoption not allowed by other partner as transfers parental responsibility (ECHR) - 2012, 168, 123
Human Rights
comedian demonstrating anti-Semitism & support for Holocaust denial during show did not deserve protection under Article 10 (ECHR) - 2016, 175, 94
incitement to racial, ethnic or religious hatred can be punished regardless of freedom of expression (ECHR) - 2011, 166, 86
muslim banned from wearing full-face veil in public: proportionate restriction to fulfil life in society and protect rights / freedoms of others (case) - 2014, 173, 235
muslim dress: social worker has to be neutral so ok not to renew contract due to refusal to remove headgear (ECHR) - 2016, 176, 84
religious dress in schools: fair to insist headscarf removed for PE; fair to exclude for continuing to wear items (ECHR) - 2009, 163, 178
sikh can be obliged to remove turban for driving license photo (ECHR) - 2009, 163, 188
vegetative patient, ending nutrition to, doesn't breach his right to life under Article 2; dissenters slam lack of ethics (ECHR) - 2015, 175, 273
Immigration & Asylum
Egyptian Coptic Christian's rights would be violated by deportation due to risk of ill-treatment for proselytism (ECHR) - 213, 171, 115
muslim lady refusing to remove veil for identity check, can reasonably be refused a visa (case) - 2008, 161, 151
Legislation
usury laws in France: criminal, statute & variation with the nature of the loan - 2014, 172, 42
Marriage
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
Sociology
religious demography, trends, minorities & state regulation
of religion - 2004, 152, 27
views of different faiths on religious law & religious needs
- 2004, 152, 27
role of religion (multi-faith) in society and impact of social change
on religion - 2004, 152, 27
Taxation
Jehovah's Witness association hit by retrospective, unforeseeable tax bill which reduced current operations, against Article 9 (ECHR) - 2011, 167, 99; France must reimburse & pay costs - 2012, 169, 262
Georgia
Human rights
condom packaging caused offence to religious groups; 3 out of 4 designs allowed due to freedom of expression (ECHR) - 2021, 187, 175
demonstration by NGOs against homophobia; failure of police to protect them violated their rights (ECHR) - 2022, 188, 102
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights (ECHR) - 2007, 159, 163
Jehovah's Witnesses suffered violence by state agents which was not properly investigated due to official toleration of violence (ECHR) - 2015, 174, 128
Germany
Abortion
doctrine of non-demandability - 1990, 104/105, 55
penal theory in Spain and Germany - 1990, 104/105, 55
Church and State
Böckenförde on a theology of modern secular law; connection to Aquinas and Pope Benedict XVI - 2021, 186, 10
Church tax: court holds that government had legitimately justified their interference with Article 9 rights (ECHR) - 2017, 178, 138
Church tax, opposition / conscientious objection to; obligatory despite Church scandals - 2016, 177, 146
Church tax, process of opting out & implications for Catholics - 2016, 177, 146
German cases involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
Lutheran authority issues e.g. state as ruler rather than Pope but how to preserve religious freedom or allow political revolt - 2017, 178, 6
Lutheran 'Church Ordinances' and their wide ranging provisions; state takes over from Canon Law - 2017, 178, 6
secular law on excommunication as result of withholding Church tax, retired canon lawyer challenges this; canon law on formal defection; simony? - 2016, 177, 146
Spanish and German courts' approach to institutional displays of religious symbols - 2013, 171, 21
Companies
management structures and co-determination - 1970, 27, 62
Constitutional law
Böckenförde, Ernst-Wolfgang: writings on constitutional law, secular nation state & neutrality of state on values - 2021, 186, 10
Schmitt and Böckenförde on constitutional theory & resistance to grounding law in values; state theories are secularised theological concepts - 2021, 186, 10
Criminal law
German reformation took time to draw lines between whether sin punished by church, state or both - 2017, 178, 6
holocaust denial, conviction of former Catholic Bishop for this upheld (ECHR) - 2019, 182, 102
holocaust denying speech in regional parliament; subsequent criminal conviction upheld (ECHR) - 2020, 184, 113
Protestant Reformation: criminal law must not use torture, must differentiate punishments (as the church courts did) & rehabilitate - 2017, 178, 6
Divorce
talaq divorce pronounced in a third country Syria) isn't covered by EU Council Regulations on enhanced cooperation between countries (ECJ) - 2018, 180, 141
Education
Baptist parents can't remove primary children from school sex education (ECHR) - 2011, 167. 124
German cases involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
humanist ethics course (compulsory) at school, doesn't violate any rights (case) - 2010, 164, 92
Employment law
Catholic assistant in Protestant day-nursery can be dismissed due to incompatible beliefs (ECHR) - 2011, 166, 101
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
job applicant claims discrimination due to lack of Church membership; employer must ensure requirement is genuine, legitimate & justifiable (EUECJ) - 2018, 181, 260
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
religious dress in the workplace; interpretation of the Equal Treatment Directive (EUECJ) - 2021, 187, 186
Family law
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
Human Rights
incest between siblings is still criminal act, despite family life (ECHR) - 2012, 168, 147
refusal to register Islamic organisation upheld; groups that act contrary to Convention values are not protected (ECHR) - 2012, 169, 272
sects, governments can warn against, but in legal proceedings need to keep a fair timescale (ECHR) - 2009, 163, 188
Jurisprudence
connection between law of God / ethics & human law illustrated by Nazi Germany - 2014, 172, 4
German jurisprudence: structural interconnectedness in Systems theory and the Frankfurter ideological school of thought - 2021, 186, 10
Luther's view that the Church shouldn't rule by law; subsequent reforms of Church, State, society & legal system - 2017, 178, 6
Peace of Augsburg (1555): did this betray Luther's ideas of freedom or impose necessary order & authority - 2017, 178, 6
powers of government all permeated by law as reaction to Nazi history - 2015, 174, 5
Legal history
circumcision almost criminalised but religious objectives made it legal if done by medical professional - 2021, 186, 20
Luther's Reformation: few Church structures survived, secular law / authority attacked; resulting crises - 2017, 178, 6
martyrdom of lawyers in Nazi Germany; Hitler's will as highest law - 2014, 172, 4
reforms to the law starting in 1437 and updating / systemising law in territories across Germany - 2017, 178, 6
Legal profession
Luther's attacks on lawyers (church & lay); later view of magistrates as fathers of community / instruments of God's justice - 2017, 178, 6
Marriage
Lutheran reforms: marriage no longer a sacrament so subject to civil laws; celibacy discouraged - 2017, 178, 6
Lutheran views putting male as head of household & outlawing monasticism put a premium on marriage as only option; equality struggles in Protestant communities - 2017, 178, 6
Roman Catholic Church
Böckenförde, Ernst-Wolfgang: Catholic judge, theologian, constitutional lawyer - 2021, 186, 10
Nazism: German Catholic resistance wasn't strong according to Böckenförde - 2021, 186, 10
Natural law
Böckenförde: why secular law should not be grounded in natural law - 2021, 186, 10
Rule of law
overthrown in Nazi Germany by Hitler's 'Empowering Acts' 1933/4 - 2014, 172, 4 & 1
Taxation
taxpayer must state membership (or not) of those churches authorised to levy tax, doesn't violate his rights, protects from unauthorised deductions (ECHR) - 2011, 166, 103
Greece
Church and State
France & Greece: two approaches to religious pluralism - 2004,
152, 27
Constitutional law
Church/State legal relations - 2004, 152, 27
possible procedural problem when passing new law on legal forms for religious groups - 2016, 176, 42
Courts & tribunals
Court of First Instance to accept petitions for and maintain register of Religious Legal Persons - 2016, 176, 42
Criminal law
defendants/witnesses cannot be required to reveal religious beliefs, or lack of, in order to take declaration rather than oath - 2010, 165, 216; no damages payable - 2012, 168, 119; judgment that rights violated upheld (case) - 2013, 170, 116
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
Education
parental right to withdraw children from school religious education; exemption process required disclosing religion and this violates rights (ECHR) - 2020, 184, 112
Human Rights
birth record indicated baby not Christened, Article 9 violated as shouldn't be obliged to manifest beliefs; damages awarded (ECHR) - 2020, 185, 205
Christian group appropriated Greek Navy building for a church to which they were then excluded; Greek court judgment against them upheld (ECHR) - 2020, 184, 111
conscientious objector to military service, Commission Tribunal that examined him ruled as not impartial so Article 9 violated (ECHR) - 2016, 177, 221
freedom of religion in Greece - 2004, 152, 27
Religious Legal Persons, dissolution of, consistent with ECHR case law where state does not rule on religious belief - 2016, 176, 42
wife suffered detriment as Will drawn up with Sharia rules of inheritance; just satisfaction required (ECHR) - 2020, 185, 190
Jurisprudence
public / private legislative differentiation between various religious communities; possible problems - 2016, 176, 42
Land law
property administration law for Religious Legal Persons - 2016, 176, 42
Legal history
legal classification (& lack of registration) of minority religious organisations in Greece 1910-2014 - 2016, 176, 42
not allowing monks or clerics to practise as lawyers when qualified in another EU State, violates EU directive (case) - 2019, 182, 89
Legal profession
lawyer having to reveal religious convictions in order to take oath or affirmation (on taking office), contravenes Article 9 (case) - 2008, 161, 143
Legislation
existing religious communities recognised under new Religious Legal Persons status - 2016, 176, 42
new law to define & voluntarily register Religious Communities, Religious Legal Persons & Ecclesiastical Legal Persons - 2016, 176, 42
statute for Religious Legal Persons: essential requirements for validity & registration - 2016, 176, 42
Roman Catholic Church
specific recognition of Catholic Church as legal body after decades of ambiguity - 2016, 176, 42
Guernsey
Legal History
sources of Guernsey law - 1998, 136/137, 4
Matrimonial Property
division of jointly held assets after wife causes husband's death
in another jurisdiction - 1998, 136/137, 4
Hungary
Employment Law
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Family Law
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
Human rights
Catholic placed under house arrest so cannot attend Mass; treatment compatible with Article 9 (ECHR) - 2016, 176, 106
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228
Hungarian Evangelical Brotherhood deregistered under new Church law awarded damages as just satisfaction (ECHR) - 2017, 178, 141
India
International Law
Goa, Geneva Civilians Convention, protection of civilians - 1969,
24, 129
Jurisprudence
Hindu law: what is it and how does it's pluralism fit into modern international law? - 2010, 164, 45
Iraq
International
Law
Iraq war (2003): arguments over the legality of - 2005. 154, 35
Iraq war & regime change: a justified development of International
law? - 2005, 154, 35
Rule of Law
regime change in Iraq, squaring this with the rule of law - 2005,
154, 35
Israel
Human Rights
law and order and protection of civil liberties - 1984, 80/81, 32
intolerant human rights record and immigration policy - 1993, 118/119,
108
Vatican Concordat with Israel uses UN Covenant Of Human Rights to uphold religious freedom - 2007, 158, 30
Italy
Church and State
dependance of the Italian Catholic Church on the state
as source of income - 2005, 155, 137
display of religious symbols without coercion may offend but doesn't violate rights - 2013, 171, 21
Italian State relations with religious groups & the influence
of these groups on state politics - 2004, 152, 44
Constitutional law
religious freedom and State/religious body agreements - 2004, 152,
44
Divorce
referendum to repeal divorce law and its aftermath - 1975, 46/47,
23
reforms of the Civil Code - 1972, 36, 93
Human Rights
court hearing on Jewish holyday so Jewish lawyer couldn't attend, justifiably infringed his rights to provide timely justice (ECHR) - 2012, 168, 140
display of crucifix in state school incompatible with state neutrality & against human rights (ECHR) - 2010, 164, 105; decision reversed so display of crucifix within margin of appreciation for member states to decide (GC) - 2011, 166, 84
estranged parent's rights not infringed by court ruling that in child's best interests not to attend Jehovah's Witness services; domestic court upheld (ECHR) - 2022, 189, 209
gay man refused residence permit to live with partner was discriminated against as could not at that time have legal relationship to be 'family member' (ECHR) - 2016, 177, 225
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
Italy within rights in a democratic society to ban donation of existing embryos for experimentation (ECHR) - 2015, 175, 284
Lautsi case - does display of crucifix in school violate religious freedom? - 2013, 171, 21
same-sex marriages contracted abroad not recognised in Italy; Article 8 violated but civil union status would suffice (ECHR) - 2018, 180, 126
Marriage
marriage reform: notes between the Republic and the Holy See - 1972,
36, 93
Roman Catholic Church
Catholics treated more favourably than other faiths in teaching
of religion - 2004, 152, 44
financing of faith communities in Italy: criteria under which finance
can be used for each faith community - 2010, 165, 159
financing of faith communities in Italy: problems with benefice system & move to income from taxation & donation - 2010, 165, 159
financing of faith communities in Italy: providing choice to individuals & extending beyond Catholic Church - 2010, 165, 159
maintenance of clergy in the Italian
Catholic Church - 2005, 155, 137
relations between Italian State and Catholic Church eg Patti Latteranensi
(1929) - 2004, 152, 44
Sociology
religious demography & the impact of social change on religious
groups in Italy - 2004, 152, 44
Taxation
income tax percentage to be given to Churches can be legally set by individual EU states (case) - 2010, 165, 236
municipal tax exemption (to churches), European Commission investigate if is illegal state aid - 2010, 165, 159
Jersey
Abortion
'distress', the concept of, in abortion law in Jersey (& France)
- 1997, 132/133, 4
Medicine
assisted dying: Jersey's States Assembly agreed 'in principle' to legalising; public engagement put in process - 2022, 188, 67
Kenya
Legal System
influences of customary law, common law and religion - 1990, 104/105,
20
Latin America
Church and State
Latin America's State/Church history & development, religious diversity and legislation - 2009, 162, 62
Education
whether religious education is allowed in schools - 2009, 162, 62
Ethics and morality
conscientious objection: whether allowed in Latin American countries - 2009, 162, 62
European Community
E.C. trade agreements, use of human rights & democracy clauses
with - 1995, 126/127, 105
Human Rights
Inter-American Human rights court - 2009, 162, 62
Pact of San José, Costa Rica: instrument for upholding Human Rights in Latin America - 2009, 162, 62
Marriage
civil effects of religious marriage in Latin America - 2009, 162,
62
Roman Catholic Church
religion in the public sphere in Latin American countries e.g religious holidays, conscientious objection - 2009, 162, 62
Vatican Concordats with Latin America still see Church as societas perfecta - 2007, 158, 30
Rule of Law
judicial independence - 1989, 102/103, 30
Taxation
tax exemptions for religious bodies in Latin America - 2009, 162, 62
Latvia
Courts
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Human Rights
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
government should maintain neutrality in internal religious disputes (registered Orthodox breakaway group) (ECHR) - 2009, 163, 190
Hare Krishna prisoner complaining of ridicule & problems observing religious rituals, inadmissible claims (ECHR) - 2012, 168, 126
Hare Krishna prisoner refused permission to have religious items and recordings as these were not on list of allowed items (info. note) - 2012, 169, 272
Jehovah's Witness wanting reimbursement to travel to Poland for surgery without blood transfusion; should member state consider religious beliefs? (EUCEJ) - 2021, 186, 88
Lithuania
Family Law
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Human rights
Jehovah's Witness minister's rights violated by refusing him an alternative to military directed service (ECHR) - 2022, 189, 211
pagan Baltic religious association had rights violated by not being state recognised; state must be neutral (ECHR) - 2021, 187, 165
Macedonia
Human rights
State's refusal to register new religious association, despite their concerns, was violation of Article 9 (ECHR) - 2018, 180, 127
Malta
Constitutional Law
freedom of speech and spiritually dangerous publications - 1968,
19, 80
Mauritius
Constitutional Law
deprivation of constitutionally protected property rights - 1985,
86/87, 50
Melanesia
Ecclesiastical Law
confession, seal of, in Anglican province of Melanesia: part of seven sacraments; seal applies to priest and penitent - 2022, 189, 126
Moldova
Human rights
delimiting governmental power in the religious domain: the Bessarabian
Church case - 2003, 151, 137
LGBT community NGO banned by government from demonstrating outside parliament did have rights violated (ECHR) - 2012, 169, 271
refusal to register Orthodox church by Regional Council violates Article 9 (ECHR) - 2012, 169, 270
religious rights & freedoms - legal recognition of Churches
- 2003, 151, 137
State can't legally refuse to register a religious denomination
- 2007, 158, 80
unlawful to fine a person for practising unregistered religion (ECHR) - 2009, 163, 189
Netherlands
Human rights
Pastafarian wishing to wear a colander on her head in official dcocuments; views didn't have enough cogency for Article 9 to be engaged (ECHR) - 2022, 188, 79
political party holds that Bible excludes women from public office, State can take measures to end this inequality (ECHR) - 2012, 169, 292
Immigration
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association (case) - 2008, 160, 51
Medicine
euthanasia, dangers of the legalisation of - 1999, 140/141, 16
Nepal
Human rights
child from illegal polygamous marriage in Nepal, refused entry to join father in UK, court aims to discourage such marriages & promote gender equality (case) - 2012, 169, 291
New Zealand
Church / State
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
exorcism, consent to violence during, UK will not consider this as defence, N.Z. will, USA assumes consent if Church member - 2018, 180, 51
Ecclesiastical law
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Legal history
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62
Nigeria
International Law
Cameroon-Nigeria conflict over Bakassi Peninsula - 1997, 132/133,
39
Land Law
land rights of indigenous inhabitants (1921) - 1993, 118/119, 84
Northern Ireland
Abortion
abortion law may be incompatible with Article 8 but legislature has wide margin of appreciation (case) - 2017, 179, 221
clarity, possible lack of, in the practicalities of abortion law - 2011, 166, 5
Department of Health guidance on abortion was partly defective in law and should be reconsidered (SPUC case) - 2010, 164, 109
failure to provide abortion for serious fetal abnormality or in cases of rape / incest incompatible with Human Rights Act 1998; appealed (case) - 2016, 176, 95
Family Planning Association (N.I.) upheld in request for disclosure of government documents on abortion policy formation (case) - 2013, 170, 133
history of abortion law in N.I. including case law - 2011, 166, 5
Human Rights Commission challenged Secretary of State for failure to provide abortion services; ruling that he had failed to comply with his duties (case) - 2022, 188, 101
not available in Northern Ireland and NHS not obliged (under Article 8) to provide it free to non-residents coming to England (case) - 2015, 175, 285
positions of the Irish churches on abortion - 2011, 166, 5
Supreme Court say they would have declared Northern Irish abortion law incompatible with Article 8 if proceedings had been allowed (case) - 2018, 181, 237
women unable to obtain NHS abortions in England, is legal to discriminate due to residence (health services devolved) - later allowed anyway (case) - 2017, 179, 247
Burial
'exceptional circumstances' allowing exhumation not defined in N.I. policy; human rights instead requires a balancing exercise & test of proportionality (case) - 2022, 189, 201
exhumation for reburial: grave owner refusal upheld against wishes of nearest relative; leave to seek judicial review granted (case) - 2022, 189, 201
Charitable Trusts
Charities Act 2013 enacted - 2013, 170, 96
charity registration confused by lack of amendments to statute law - 2011, 167, 80
Church & State
changing influences of the churches after the partition of Ireland
- 2002, 149, 118
Constitutional law
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
Good Friday Agreement: background of the Irish struggle - 2001,
146, 67
religious & political (Article 9 & 10 ECHR) rights of bakers not to make cake in support of same-sex marriage are outweighed by claimants rights; judgement compatible with NI Constitution - 2016, 177, 119
Damages
Equality Commission claims damages against Christian bakers who refused to ice cake in support of same-sex marriage - 2016, 177, 119
Facebook disclosed children's religious affiliation; tort of misuse of private information engaged but damages reduced on appeal (case) - 2017, 179, 236
Education
Church of Ireland & school education, historically changing
relationship between - 2002, 149, 118
religious education & worship in schools; challenge to total focus on Christianity and excluding other faiths was upheld (case) - 2022, 189, 197
Emergency powers
in relation to events in Northern Ireland - 1983, 78/79, 78
Employment law
airport baggage handler alleged dismissal due to views against homosexuality; discrimination unproven and temporary contact gave no right to claim - 2017, 179, 234
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
firm vicariously liable for victimisation on grounds of religion or political opinion (case) - 2018, 180, 143
unlawful to discriminate against someone for their beliefs but can for their previous actions e.g. political violence (case) - 2009, 163, 189
Family law
Northern Ireland wrong to fail to comply with House of Lords judgment to not discriminate against the unmarried in adoption cases (case) - 2013, 170, 133; appeal dismissed - 2013, 171, 118
Human rights
Ashers Baking Company directly discriminated on grounds of sexual orientation by refusing to ice cake supporting gay marriage (case) - 2016, 177, 219
Ashers case: facts, court decisions, role of Equality Commission, impact on religious discrimination law - 2018, 181, 156
bakers who refused to make cake in support of gay marriage not protected by proportionality assessment; 2006 Equality Act superior to Articles 9 & 10 or NI Constitution - 2016, 177, 119
case law favouring direct discrimination against bakers not to make cake in support of same-sex marriage; no need for comparator, can elide meaning of message with claimant's identity; correct & proportional? - 2016, 177, 119
Christian baker refusing to bake cake supporting gay marriage guilty of discrimination on grounds of sexual & political orientation; limitation of religious rights lawful (case) - 2015, 175, 274; allowed to appeal as no discrimination, only message objected to (SC) - 2018, 181, 240
detention in Northern Ireland and Republic of South Africa - 1972,
34, 5
direct discrimination on grounds of sexual orientation & political opinion (Court of Appeal upholds) for Christian bakers refusing to ice cake in support of same-sex marriage - 2016, 177, 119
Equality and Human Rights Commission (EHRC) and Northern Irish Counterpart (ECNI) seem to favour gay rights over religious ones - 2018, 181, 156
failure of police to prevent sectarian violence not classed as a failure to prevent degrading treatment (case) - 2009, 163, 180
police took reasonable steps to protect applicants from sectarian violence on way to school (ECHR) - 2011, 166, 91
Jurisprudence
Church of Ireland and the concept of National Church - 2002, 149,
118
pastor's sermon against Islam transmitted on internet was offensive, not criminal (NI case) - 2016, 176, 83
Legal history
Church of Ireland, development of & its relationship to the
state - 2002, 149, 118
Marriage
blanket ban on joint adoption by unmarried couples is unlawful (case) - 2008, 161, 134
humanist celebrant can't be prohibited from solemnising a marriage (would breach Articles 9 & 14); can use existing legislation to allow this (case) - 2018, 180, 145; resolved as already permitted under existing legislation (NICA) - 2018, 181, 252
non-recognition of subsisting same-sex marriage does not violate human rights (case) - 2018, 180, 139; on appeal, there was discrimination (but was legitimate then), now subsequent legislation has remedied so appeal dismissed - 2020, 184, 95
same sex couple's rights are not breached by Assembly's refusal to legislate for same sex marriage as some legal recognition did exist (case) - 2017, 179, 229; on appeal, there was discrimination but remedied by subsequent legislation - 2020, 184, 95
Mentally disabled
adult with learning difficulties & Jehovah's Witness mother
should have blood products available to preserve life during dental
surgery (case) - 2013, 171, 121
Norway
Ecclesiastical law
Church/state relations - 2004, 153, 159
parallels between the Church of England & the Church of Norway
- 2004, 153, 157
Education
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Jurisprudence
National Church, future role of: Norwegian issues of sacred texts,
rites, places, paths & time - 2004, 153, 159
Norwegian discussion on future relationship between church &
state - 2004, 153, 159
Legal history
Church of Norway: brief history of Church/State relationship - 2004,
153, 159
Pakistan
Legal history
blasphemy law, history of - 2003, 150, 37
Marriage
telephone marriage with Pakistan resident (possibly registered there) can't be declared null here, seek remedy in Pakistan (case) - 2011, 167, 114
Poland
Abortion
Poland must give access to prenatal tests as the law allows for abortion in cases of foetal malformation (ECHR) - 2011, 167, 119
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158,
81
witholding information and access to abortion from child rape victim (plus removal from mother, lack of confidentiality, degrading treatment) violated rights (ECHR) - 2013, 17, 137
Education
child's rights violated by not being offered ethics class instead of R.E. - 2010, 165, 220
Human Rights
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
Buddhist in prison has right to vegetarian meals (ECHR) - 2011, 166, 83
development site listed as Jewish Cemetery after purchase thus restricting usage; couple get partial compensation (ECHR) - 2015, 174, 152
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158,
81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
ruling of European Court that denying abortion could contradict human rights, didn't respect Poland's domestic law - 2007, 158, 81
Matrimonial property
blanket refusal for surviving same-sex partners to suceed to social housing tenancy (as married would) is discrimination - 2010, 165, 226
Republic of Ireland
Abortion
anti-abortion issues before the European Court of Justice - 1992,
114/115, 126
cases (inc. ECHR) on women wanting abortion in Ireland or to travel for one - 2011, 166, 5
challenge to Irish abortion ban; upheld that in cases where mother's life threatened, Ireland's law breaches human rights (ECHR) - 2011,166, 76
EU statements on abortion & supervision of incorporating the X case into Irish law - 2011, 166, 5
history of abortion law in the Republic including case law - 2011, 166, 5
Irish Constitution on abortion, abortion information & travel to other states - 2011, 166, 5
positions of the Irish churches on abortion - 2011, 166, 5
right to life referendum for amendment of the Constitution - 1984,
80/81, 2
unborn child, nature of rights under the constitution - 1978, 58/59,
81
X Case, the rights of the mother and the unborn - 1992, 112/113,
10
Church & State
Church of Ireland, development of and its relationship to the state
- 2002, 149, 118
Church of Ireland: legal structure of, types of clerical appointment; need for clarity in employment status of ministers - 2017, 178, 80
changing influences of the churches after the partition of Ireland
- 2002, 149, 118
Covid 19 restrictions on Catholic Mass attendance claimed to be unconstitutional; judicial review application ruled as moot as restrictions had ended (case) - 2022, 188, 78
Constitutional law
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
foetus, right to life of the - 1992, 112/113, 10
Good Friday Agreement: background of the Irish struggle - 2001,
146, 67
growth of constitutional jurisprudence - 1983, 78/79, 78
human rights and judicial review of legislation - 1977, 54/55, 94
marital privacy and contraception - 1985, 84/85, 18
natural law foundations of the constitution - 1977, 54/55, 94
protection of unborn written into Irish Constitution; discussion of subsequent amendments included/defeated - 2011, 166, 5
Declaration on Religious Freedom
implications for the Constitution - 1981, 70/71, 71
Divorce
Article 41 of Constitution - 1968, 21, 155
European Convention on Human Rights and the Constitution - 1985,
84/85, 14
recognition of foreign decrees and enforcement of financial orders
- 1974, 43, 61
Education
Church of Ireland and school education: historically changing relationship
between - 2002, 149, 118
dismissal of Catholic teacher over immoral conduct allowed - 1995,
124/125, 54
Employment Law
clergy: no legal employment status
- 2005, 155, 144
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
European
Community
Irish accession and its effects in Ireland - 1983, 78/79, 78
Jurisprudence
Church of Ireland and the concept of National Church - 2002, 149,
118
Legal System
developments since 1945 - 1983, 78/79, 78
Marriage
polygamous marriage conducted elsewhere not recognised but may entail rights and obligations (case) - 2017, 179, 233
Welfare State
philosophy and practice since 1945 - 1983, 78/79, 78
Romania
Divorce
divorce case where applicant was Jehovah's Witness, no evidence that this affected outcome (ECHR) - 2011, 167, 112
Human rights
authorities can remove Baptist prisoner's radio-cassette player
used for religious purposes as every religious act is not protected
(ECHR) - 2013, 170, 108
building previously belonging to Catholic diocese but being sold to tenants after Bishop's claim dismissed, reversal of decision by appeal court violated res judicata and therefore tenant's rights (ECHR) - 2015, 174, 126
detention conditions of prisoner violated Article 3 & 8 since authorities failed to show it was necessary to refuse attendance at mother's funeral (ECHR) - 2017, 178, 137
detention conditions violated prisoner's rights but not being able to confess to a priest on a particular day did not (ECHR) - 2014, 173, 219
Government failure to return Catholic property confiscated by Communist
Regime violated Church's rights (ECHR) - 2013, 170, 111
Jewish and Muslim prisoners alleging breach of freedom to practise religion failed to exhaust domestic remedies; but Muslim's physical detention conditions breached Article 3 (ECHR) - 2017, 178, 126
ministers of religion convicted for ministering despite being suspended; convictions ruled incompatible with freedom of religion (ECHR) - 2019, 182, 101
muslim prisoner wins case that overcrowding breaches Article 3 rights; inability to practise Islam (Article 9) claim rejected as didn't exhaust domestic remedies (ECHR) - 2015, 175, 296
Orthodox prisoners, degrading treatment upheld but no breach of religious freedom as no evidence for this put forward (ECHR) - 2012, 169, 274
prison authorities violated rights by failing to provide Buddhist prisoner with vegetarian diet (ECHR) - 2014, 172, 104
prison recorded wrong religion for prisoner; correction not required as many years previously and no discrimination alleged (ECHR) - 2021, 186, 69
prisoners who converted to Islam in prison denied dietary changes; Article 9 violated (ECHR) - 2021, 186, 70
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
Marriage
same-sex marriage: lack of any legal form of recognition of relationship violates Article 8 (ECHR) - 2023, 191, 190
Roman Catholic Church
Greek Catholic parish should be given a hearing to allow services
in its former property previously confiscated by state (case) - 2010,
165, 232
Greek Catholic Church had property confiscated by Communists; domestic courts eventually restored this but protracted timescale violated Article 6 (ECHR) - 2016, 176, 102
Greek Catholic Church seeking restitution of property given to Orthodox; Article 6 violated (principle of legal certainty infringed) (ECHR) - 2017, 179, 246
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Greek Catholics failed to get restitution of property transferred
to Orthodox under Ceausescu; domestic court upheld except on length
of proceedings (ECHR) - 2015, 175, 271
Greek Catholic parish should be given a hearing to allow services
in its former property previously confiscated by state (case) - 2010,
165, 232
government suppression of Greek Catholic Church and removal of property was against their rights (case) - 2009, 163, 198
State failure to enforce judgment obliging Orthodox parish to allow Greek-Catholics to use their confiscated building breaches Article 6 (case) - 2014, 172, 78
Russia
Human Rights
banning books asserting superiority of Muslim faith was against freedom of expression (ECHR) - 2018, 181, 239
banning gay rights marches violates human rights (ECHR) - 2011, 166, 77
child made to attend Orthodox rite in classroom did not have rights violated but school could have managed it better (ECHR) - 2021, 186, 73
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
conscientious objection to military service, application for civilian alternative lawfully dismissed but is procedure flawed? (ECHR) - 2020, 184, 98
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
dissolution of pentecostal mission / college for regulation breaches should have been dealt with less intrusively - article 9 violated (ECHR) - 2014, 173, 220
ECHR ruling that Russia should legally register the Church of Scientology - 2007,
158, 77
freedom of expression: writer of article critical of Russian Orthodox Church led to prosecution & threat of commital to psychiatric institution, publisher faced dissolution; both applicants had rights violated (ECHR) - 2022, 188, 103
Jehovah's Witness premises auth orised to be searched as may be
extremist, violated rights as did arresting of member for preaching
(ECHR) - 2022, 188, 75
man excluded from re-entry to Russia due to membership of Unification Church has had rights violated (ECHR) - 2009, 163, 193
police violated Article 9 by disrupting peaceful gathering of banned Jehovah's Witness organisation (ECHR) - 2014, 173, 227
refusal to legally register Jehovah's witnesses is unlawful - 2010, 165, 222
refusal to register scientology study group & 6 individuals as religious group violated Article 9 & 11 & failed 'prescribed by law' test (ECHR) - 2015, 174, 132
requiring doctors to disclose when Jehovah's Witnesses refuse blood transfusions violates Article 8 (ECHR) - 2013, 171, 104
same sex couples not allowed to marry to protect traditional family values; ECHR rules Article 8 violated (ECHR) - 2021, 187, 171
Scientology church had rights violated by having literature banned, registration refused and forced dissolution (ECHR) - 2022, 188, 75
Unification church ministers had rights violated by having residence permits revoked (ECHR) - 2022, 188, 77
Scotland
Abortion
conscientious objection under Abortion Act covers participation in 'hands-on' way, not administrative tasks of ward managers (case) - 2015, 174, 143
midwife supervisors don't have to take part in abortions but must supervise those that do (case) - 2012, 168, 120
ruling that taking abortion pills at home is lawful (case) - 2018, 181, 254
Burial
law on disinterment of coffins; general protection until disintegration complete (case) - 2019, 183, 229
remains from cremation (cremains), disinterment needs court application to determine necessity - permission granted (case) - 2019, 183, 229
Charitable trusts
Catholic adoption agency failed charity test due to 'preferred criteria' disadvantaging same-sex and non-Catholic applicants (case) - 2013, 170, 142; appeal ruled the religious character of the agency should have engaged Article 9 and benefits weighed against disbenefits - 2014, 172, 99
Catholic adoption charity allowed indirect discrimination against same-sex couples due to charity's objects, proportionality & religious exemptions - 2016, 176, 18
Children
cremation ashes of babies and non viable fetuses, report & recommendations on handling - 2014, 173, 145
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
'named person' provision ruled ultra vires due to information sharing not being in accordance with law (case) - 2016, 177, 212
Church & state
Church of Scotland, nature of establishment in the - 2002, 149,
125
Church of Scotland's engagement with society & its structures
- 2002, 149, 125
Covid church closure regulations challenged & declared disproportionate by Judicial Review - 2021, 186, 8 and 75
development of post-reformation Church/State relations in Scotland - 170, 2013, 7
reformation much more theological than in England but medieval canon law still persisted; in 1960s Acts had to remove these barriers to female ordination - 2017, 178, 37
Constitutional law
bill to regulate sectarianism at football matches - 2011, 167, 80
devolution Commission and debate on Scotland's place in the Union - 2012, 168, 94
Criminal law
assisted suicide prosecution guidelines alleged unclear; Scottish
law deemed different to Purdy case, petition rejected (case)
- 2015, 175, 293; law clear as stands (reclaiming motion refused) - 2016, 176, 101
'nobile officium', use of, to fill lacunae - 2008, 160, 13
Ecclesiastical law
breakaway Free Church of Scotland group cannot claim buildings from pre-schism church (case) - 2009, 163, 198; appeal dismissed as new group is not part of original structures - 2011, 167, 122
ecumenism and the stumbling block of episcopacy - 2004, 153, 128
Free Church of Scotland conflicts over use of songs & instrumentals other than psalms / Bible paraphrase in worship - 2012, 169, 157
Free Church of Scotland disciplines Lord Mackay of Clashfern for attending R.C. Mass - 2012, 169, 157
ministers of religion (Free Presbyterian Church of Scotland) are office-holders, not employees,
but going to Employment tribunal does not forfeit right to judicial review of church tribunal - 2010, 165, 227
Reformed Church of Scotland: Church governance, description of -
2004, 153, 128
Reformed Church of Scotland: complex analysis of separation of powers
in - 2004, 153, 128
Scottish Ecclesiastical tribunals & the Human Rights Act - 2004,
153, 128
Education
certificates of approval for Catholic teachers - 1995, 124/125,
40
Emergency powers
Covid 19 pandemic in UK: Scottish differences in regulations / effect on worship; successful judicial review - 2021, 187, 96
Employment law
atheist teacher was discriminated against by not being given interview for pastoral post in Catholic school - 2009, 163, 142
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180
Church of Scotland treated differently as an employer by Westminster
& the EU - 2002, 149, 125
Equitable remedies
equity and law as equivalent in Scotland (as opposed to England) - 2012, 169, 189
Human rights
Iranian asylum seekers alleging Christian conversion; court disputed genuineness but were wrong to dismiss church evidence (case) - 2018, 181, 257
'naked rambler' arrest was within margin of appreciation (& other counts had domestic remedies available); leave to appeal refused (ECHR) - 2015, 174, 142
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
Jurisprudence
Stair and Blackstone: differing philosophies of law - 2012, 169, 189
Stair's Institutions: Divine law, positive laws from God, human law, principles of law - 2012, 169, 189
Legal history
Stair (Viscount): life and influence on Scottish law and it's formulation - 2012, 169, 189
Stair's Institutions as a milestone in Scottish law development - 2012, 169, 189
Legislation
differences between Scotland and England / Wales regarding death certification e.g. no coroners, different forms; problems with cross-border transfer of bodies - 2015, 175, 227
Scotland's wide ranging review of burial law - 2015, 175, 227
Marriage
calls for same-sex (& perhaps religious) marriage as opposed to civil partnerships - 2009, 163, 166
Kilbrandon Committee Report - 1969, 25, 178
marriage and divorce - 1977, 52/53, 52
Marriage Draft Bill: opt-in for religious bodies; new humanist celebrations - 2013, 170, 96
same-sex: Church of Scotland Act to forbid conducting these marriages, rejected by presbyteries - 2012, 169, 157
Natural justice
Stair (Viscount): the law of Scotland and it's basis in godly Natural Law - 2012, 169, 189
Stair's Institutions: philosophical, theological, scriptural and natural law principles on which Scottish law is built - 2012, 169, 189
Roman Catholic Church
sexual abuse at junior seminary, Catholic priest wins damages from Bishops' Conference of Scotland for this and subsequent laicisation (case) - 2022, 189, 195
sexual abuse of child (historical) at Benedictine boarding school in 1970s; limitation period disapplied for personal injury claim as further proof required to determine trustee vicarious liability (case) - 2022, 188, 83
Unborn child
liability for ante-natal injuries - 1974, 42, 2
Serbia
Human rights
adherents of minority religions should be protected from harm (ECHR) - 2011, 166, 86
Slovakia
Church and State
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4
South Africa
Criminal Law
compulsion as a defence to murder, in mitigation of sentence - 1982,
72/73, 10
South African attempts at reconciliation, not vengence,
after apartheid - 2005, 155, 103
Education
human & civic rights education - 1997, 132/133, 49
Human Rights
civil liberties and the development of their extension - 1984, 80/81,
32
detention without trial - 1972, 34, 5
Unborn Child
nasciturus rule not available in the case of impending abortion
- 1984, 80/81, 71
South East Asia
Rule of Law
judicial independence - 1989, 102/103, 44 and 55
Spain
Abortion
current spanish legislation on abortion, changes in practice and proposed law reform - 2009, 163, 127
development of abortion law in Spain and comparison with British systems and attitudes - 2009, 163, 127
doctrine of non-demandability - 1990, 104/105, 55
penal theory in Spain and Germany - 1990, 104/105, 55
Church and State
agreements between Spanish state and religious groups - 2004, 152,
44
cases regarding institutional religious symbols and actions: generally allowed if historical & involving no coercion - 2013, 171, 21
Catholic Church's exemption from property taxes on buildings used for non-religious purposes could be illegal State Aid in EU law (case) - 2017, 179, 230
Spanish and German courts' approach to institutional displays of religious symbols - 2013, 171, 21
Constitutional law
abortion law and the Constitution - 2009, 163, 127
legislation referring to ministers of religion in Spain - 2004,
153, 100
Divorce
theological perspectives - 1981, 70/71, 104
Education
case involving crucifixes in school - ordered removal from public rooms & those classrooms that complained - 2013, 171, 21
comparison of teaching of religion in Spanish & UK state schools (should this be denominational?) - 2007, 158, 54
religious & moral education, parents right to, not fully provided for - 2008, 160, 25
teaching of religion in Spanish state schools, practical problems of -
2007, 158, 54
Employment Law
laicised married priest teaching in school, contract
not renewed by Bishop, no rights violated as grounds strictly religious
(ECHR) - 2012, 169, 269
ministers of religion in Spain, past registration of and current
definitions of - 2004, 153, 100
requisites for ministers of different religions to be included in
social security system - 2004, 153, 100
social security law and ministers of religion - legal, contribution
& benefits details - 2004, 153, 100
work of ministers of religion generally not regulated by employment
law (Spanish case law) - 2004, 153, 100
Human Rights
religious freedom: constitutional recognition not always translated into practice - 2008, 160, 25
religious freedom in Spain - 2004, 152, 44
Land law
company whose Church land purchase was later registered to the Diocese (under old privilege) had ownership & legal rights violated (ECHR) - 2015, 174, 153
Matrimonial property
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Roman Catholic Church
different treatment for Catholic as opposed to other religious groups
- 2004, 152, 44
legal situation of Catholics in Spain: agreements, education, funding
- 2004, 152, 44
requisites for inclusion of R.C. clergy in Social Security systems
- 2004, 153, 100
special status of R.C. ministers of religion relative to other denominations
- 2004, 153, 100
special treatment of Catholic religion when providing religious teaching in Spanish state schools (due to treaty) - 2007, 158, 54
Sociology
religious demography, trends and influences in Spain - 2004, 152,
44
Unborn Child
balancing foetal and maternal rights - 2009, 163, 127
Welfare state
ministers of Evangelical Church treated differently from R.C. clergy for state pension service, violates rights (ECHR) - 2012, 168, 129
social security law and ministers of religion - legal, contribution
& benefits details - 2004, 153, 100
Sri Lanka
Administrative Law
judicial review through prerogative writs - 1969, 25, 170
Roman Catholic Church
rights & duties in Catholic Church: the Balasuriya affair -
1997, 134/135, 4
Sweden
Crime
rape data (1992) - possible links with pornography - 1995, 126/127,
91
Human rights
Iranian asylum seeker needs assessment of impact of Christian conversion (as well as political past) on his deportation (ECHR) - 2016, 176, 85
Mandean single woman not ruled at risk from deportation to Iraq (ECHR) - 2014, 173, 240; granted Swedish residency so appeal struck out (ECHR) - 2015, 175, 301
midwives refusing to assist in abortions whose job offers were withdrawn had not been discriminated against (ECHR) - 2020, 184, 101
Switzerland
Human rights
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
Constitutional ban on building minarets cannot be challenged unless an applicant is directly affected (ECHR) - 2011, 167, 116
Pakistani Christian convert refused asylum; domestic court should properly investigate his situation & the treatment of converts before he could be returned (ECHR) - 2022, 189, 200
sex education compulsory for primary schoolchildren; mother can't have child exempted under human rights law (ECHR) - 2018, 180, 115
Switzerland allowed to ban public poster campaign advertising illegal cloning services (ECHR) - 2011, 166, 87; no violation of article 10 due to sufficient threat to public morals (GC) - 2012, 169, 283
voluntary euthanasia: lady's rights violated by lack of Swiss legal guidelines on when allowed lethal prescription (ECHR) - 2013, 171, 111
Tanzania
Marriage
formalities under the new uniform law - 1970, 26, 3
Trinidad & Tobago
Constitutional law
'Trinity Cross' award breaches constitutional rights due to Christian connotations (case) - 2009, 163, 196
Turkey
Comparative law
underage sexual intercourse and marriage, English & Turkish
law on - 1996, 128/129, 41
Education
exemption from religion classes should be allowed and procedures should respect applicant's convictions - 2008, 160, 53
Human rights
Alevi community suffered unjustifiable religious discrimination by Turkish State (ECHR) - 2016, 177, 213
Alevi meeting house not given free utility bills as the religion not recognised as such; ruling that is a religion so was discrimination (ECHR) - 2015, 174, 133; damages awarded (ECHR) - 2017, 179, 232; discrimination & damages upheld (ECHR)- 2019, 182, 84
arrest for attending memorial service for members of illegal organisation is not foreseeable or 'prescribed by law' (ECHR) - 2015, 174, 141
children must attend course on religious culture & ethics unless Christian or Jewish, breaches Alevi parents' rights to exemption (ECHR) - 2015, 174, 156
children's burial: authorities confiscating bodies (to prevent violent disorder) violated Article 8 (ECHR) - 2018, 181, 235
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
conscientious objector treated inhumanely in detention violates Article 3 but not 9 as choice was political not religious - 2016, 177, 209
conscientious objectors on military service, unfair to treat as servicemen under normal military discipline (ECHR) - 2012, 169, 289
conscientious refusal of military service by Jehovah's Witnesses followed by military sentences, violates Article 3, 9 etc in democratic society (ECHR) - 2014, 173, 221
foundation of Seventh Day Adventists, refusal to register for only serving a specific community violates Article 11 (ECHR) - 2019, 182, 81
Jehovah's Witnesses prohibited from worship in private premises; minority groups were discriminated against under Article 9 (ECHR) - 2016, 177, 218
military service for conscientious objectors, no exceptions for and penalties imposed, fail to strike right balance, rights violated (ECHR) - 2012, 169, 289
muslim group are discriminated against by not being allowed to wear distinctive dress in public (case) - 2010, 164, 92
muslim prayers performed in public can be banned by army, but must disclose all documents for fair trial (ECHR) - 2011, 166, 78
parliamentarian prevented from taking the oath due to headscarf is given disproportionate sanction (case) - 2008, 161, 153
refusal of authorities to allow a married women to use only her maiden name, violated Article 14 (ECHR) - 2013, 171, 125
required statement of holder's religion on identity card breaches rights (case) - 2010, 164, 109
treatment & imprisonment of Jehovah's Witness for refusing military service violates rights (ECHR) - 2012, 168, 119
Turkish authorities dissolving a political party is against their human rights (ECHR) - 2011, 166, 80
Immigration
asylum claims on grounds of compulsory military service - 2003,
151, 180
Land Law
authorities can't take Church property without compensation - 2010, 165, 219
refusal to register properties belonging to Orthodox Church violated EU 'peaceful enjoyment of possessions' - 2010, 165, 214
Matrimonial property
Turkey not obliged to recognise religious (non-civil) marriage for purpose of survivor's benefits (ECHR) - 2011, 166, 98
Ukraine
Human Rights
canonical allegiance: state should allow parish statute changes - 2007, 159, 160
United States of America
Abortion
developments between 1973-1989 - 1989, 102/103, 6
mother's constitutional rights paramount - 1978, 58/59, 99
review of abortion laws prior to Roe v. Wade - 1974, 42, 19
right of privacy - 1985, 84/85, 34
right to privacy and the Constitution - 1978, 58/59, 99
Roe v. Wade and legal persona of foetus - 1974, 44, 121
Canon Law
marriage and Canon 1014 - 1968, 21, 146
Text of Appendices to Report of Canon Law Society of America - 1970,
27, 46
Children
capital punishment of juveniles
- 2006, 156, 24
Church / State
American Church / State separation, examples of - 2009, 162, 4
American Church/State viewpoints, analysis of: Catholic, Separationist, Principled Pluralist, Anabaptist & Social Justice - 2013, 170, 19
American sociology & historically changing religious landscape: protestant to secularist - 2013, 171, 5
Church & State in the Roberts Court: importance of each Justice and their liberal / conservative opinion - 2013, 171, 5
'compelling interest test' in religious freedom cases: changes in U.S. law (RFRA, RLPA, RLUIPA) - 2013, 171, 5
Establishment Clause: strict separation vs non-preferentialism - 2013, 171, 5
exorcism, consent to violence during, UK will not consider this as defence, N.Z. will, USA assumes consent if Church member - 2018, 180, 51
free exercise of religion cases & Establishment Clause cases in U.S. Supreme Court - 2013, 171, 5
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
Companies
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
contraceptive mandate requires companies to go against the owner's religious beliefs & threatens free political dialogue - 2015, 175, 209
relying on statute law rather than First Amendment to protect religious freedom of a corporation makes protection broader but means Congress can amend - 2015, 175, 209
Comparative Law
capital punishment: different US and UK approaches to legal process
- 2006, 156, 24
capital punishment, US and EU attitudes to and morality of - 2006,
156, 3
Constitutions & federalism, comparison of, in US and EU - 2005,
155, 87
federalism in the EU & the US Constitutions - 2005, 155, 87
usury laws across Europe and U.S. - 2014, 172, 42
Constitutional
Law
capital punishment: interpreting the US Constitution - 2006, 156,
24
Christian education & worship in American state schools, illegality
of - 2000, 144, 41
compelling state interest, concept and application of standards
- 1985, 84/85, 34
Constituation of the USA, is it a living document? - 2006, 156,
3
Constitutions & federalism, comparison of, in US and EU - 2005,
155, 87
development of U.S. law on freedom of religion - 2009, 162, 47
due process and the framing of the Fourteenth Amendment - 1987,
92/93, 42
failure of the founding fathers, pluralism and Publius' statecraft
- 1987, 92/93, 7
federalism, nature and history of - 2005, 155, 87
federalism in the EU & the US Constitutions - 2005, 155, 87
fourteenth
amendment and equality before the law - 1991, 110/111, 70
'Hein' case ruled that taxpayers can't challenge expenditure by
the executive branch of government - 2013, 171, 5
history; its uses in interpretation and development of law - 1987,
92/93, 27
impeachment of government officials - 1973, 39, 54
individual liberties and erosion of the constitution - 1974, 45,
154
individual rights and the social contract theory - 1978, 58/59,
99
influence of the Magna Carta on US law - 2001, 146, 4
injunctive powers of federal judiciary - 1991, 108/109, 4
interpretation of the Constitution and authors' intentions - 1987,
92/93, 2
J.H. Ely on First Amendment protecting religion but, even without top down approach, if religious people are a minority then still warrant strict scrutiny (Hobby Lobby case can stand even without R.F.R.A.) - 2015, 175, 209
judicial review; basis, nature and extent of powers - 1987, 92/93,
42
judicial usurpation of legislative powers - 1983, 78/79, 87
religious liberty & homosexual rights: Religious Liberty Protection Act (RLPA), predecessor (RFRA) & successor (RLUIPA) - 2020, 185, 110
'pacta sunt servanda': canon law influences on English contract
law - 2000, 144, 4
philosophical foundations of the Constitution - 1974, 45, 154
politicisation of the judiciary - 2000, 144, 33
right to privacy; life support systems and religious belief - 1976,
51, 68
rights to privacy; their nature and extent - 1985, 84/85, 34
states, demise of their influence on federal law and policy - 1987,
92/93, 27
US law protects religions much more than UK law - 2011, 166, 37
written Constitutions: a warning of Judicial politicisation - 2006,
156, 67
Courts & Tribunals
cameras in the court room, arguments for and against - 1994, 122/123,
111
capital punishment: procedures & deficiencies of the Appellate
Courts - 2006, 156, 24
capital punishment: Supreme Court deliberations on - 2006, 156,
24
Supreme Court: basis, nature and extent of powers of judicial review
- 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
Crime
criminal organisation and conditions for its growth - 1979, 60/61,
32
is the Mafia a myth? - 1996, 130/131, 100
organised crime; analysis of reasons for its establishment - 1979,
60/61, 20
rape data - possible links with pornography - 1995, 126/127, 91
Criminal Law
brain-death; judicial and statutory developments - 1986, 90/91,
84
cameras in court affecting the fair outcome of criminal trials -
1994, 122/123, 111
capital punishment, US and EU attitudes to and morality of - 2006,
156, 3
capital punishment in the USA - 2006, 156, 24
criminal penalties, theory behind - 1992, 114/115, 95
death, new judicial and statutory definitions - 1986, 90/91, 89
executive clemency, modern and biblical - 1992, 114/115, 109
obscenity; definitions of, and the Roth Rule - 1970, 27, 88
Sawyer brothers case (1973)- incorrect ID causes miscarriage of
justice - 1997, 134/135, 42
Vanzetti / Sacco case (1921) - problems with ID evidence - 1997,
134/135, 42
Ecclesiastical law
Christians with strongly held beliefs are a declining, discrete, insular minority in the U.S. so may require legal protection - 2015, 175, 209
confession, seal of, in the Episcopal church, whether seal still upheld in law in light of child abuse cases - 2022, 189, 126
Lutheran Church - Missouri Synod: structure of organisation, internal dispute resolution & major case where ministerial exception upheld - 2012, 169, 210
Education
American & English legal education compared - 1995, 126/127,
120
catholic responses to legal developments - 1974, 42, 19
catholic scholarly tradition, lack of in present century - 1974,
45, 176
Christian content in American state schools, the possibilities for
- 2000, 144, 41
Christian education & worship in American state schools, illegality
of - 2000, 144, 41
special features of American legal education - 1995, 126/127, 120
Employment law
church autonomy very wide in employment/dismissal of anyone in religious capacity ('ministerial exception') or by religious organisation, but few rights for employees - 2011, 166, 37
freedom of religion: religious employers have wide-ranging exemptions to employment discrimination but will this last? - 2020, 185, 110
law regarding essential services - 1990, 106/107, 48
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
religious communities and employees and the Canon Law - 1986, 90/91,
68
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210; 2013, 171, 5
religious institutions' employment law, US and UK legal, social & definitional differences - 2011, 166, 37
Supreme Court analyses LGBT employment rights in light of Civil Rights Act 1964 & Free Exercise Clause of First Amendment - 2020, 185, 110
Ethics and morality
conjoined twins case: the doctor's decision in a similar American
case - 2001, 147, 89
ethical analysis of long-term health care for the elderly - 1986,
90/91, 110
foundation to and erosion of values underpinning the Constitution
- 1987, 92/93, 7
role of civil law in relation to private morality - 1976, 51, 45
Roman Catholic influences on legislation - 1976, 51, 45
Human Rights
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
case ruled that 'free speech' doesn't apply to sect erecting monuments
on public property - 2013, 171, 5
Christian Student Society must accept non-Christians or forego public subsidy - 2013, 171, 5
difficulties with being a conservative Christian: self-censorship & withdrawal from society; examples of prejudice - 2015, 175, 209
discrimination due to sexual orientation or transgender status, which does 'sex' refer to in Title VII of Civil Rights Act 1964? - 2020, 185, 110
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
slavery: Jefferson's ambivalence in action & the Christian abolition movement - 2007, 158, 4
taxpayer cannot object using establishment clause to government tax credits that may further religious schools - 2013, 171, 5
War Cross memorial erected on federal land not allowed due to Establishment Clause so land transferred to private ownership - 2013, 171, 5
Immigration
U.S. immigration policy - a Biblical Christian view - 1996, 130/131,
84
International Law
legality of involvement in Vietnam war - 1967, 16, 60
Jurisprudence
anti-discrimination & Equality Act in USA: Senate reasoning based on 'textualism' & scope of term 'sex' - 2020, 185, 110
Could U.S. Courts arrive at same decision as Hobby Lobby without using R.F.R.A. (i.e. are Christians a discrete & insular minority?) - 2015, 175, 209
'Footnote Four' proposes that prejudice against discrete & insular minorities may require a higher level of judicial scrutiny for such cases - 2015, 175, 209
'ministerial exception': arguments in favour of & important case law - 2012, 169, 210
Opderbeck, David: theology of law (natural & positive) rooted in scripture & church tradition from reformed perspective; application to practical issues in the USA eg abortion & gay rights - 2022, 189, 157
should U.S. Religious Freedom Restoration Act be replaced by 'narrowly tailored statutes' to reduce number of potential litigants? - 2015, 175, 209
stricter interpretation of religious freedom in State and Statutory cases rather than in Supreme Court cases - 2009, 162, 47
Legal history
federalism, nature and history of - 2005, 155, 87
freedom of religion: development of U.S. case law - 2009, 162, 47
pardon in American Law, historical understanding of - 1992, 114/115,
109
religious freedom in the Constitution and the courts - 2011, 166, 37
slavery: influential figures / steps in the path to abolition - 2007, 158, 4
Legal profession
disclosure and confidentiality - 1986, 90/91, 59
lay attorneys in marriage tribunals - 1968, 21, 140
special character of the American legal profession (compared to
UK) - 1995, 126/127, 120
Legislation
U.S. laws regarding usury - 2014, 172, 42
Medicine
brain-death, implications for practitioners - 1986, 90/91, 84
capital punishment: all doctors/nurses refuse to assist in an execution
- 2006, 156, 24
care for the elderly, economic and moral considerations - 1986,
90/91, 110
conjoined twins case: the doctor's decision in a similar American
case - 2001, 147, 89
consent and refusal of treatment - 1986, 90/91, 89
critique of Wade and Bolton cases - 1974, 42, 33
death, new judicial and statutory definitions - 1986, 90/91, 89
do-not-resuscitate orders - 1986, 90/91, 89
human cloning, law in Europe, UK & USA - 1999, 140/141, 26
medicare laws and rules: legal inadequacies in promulgation & delegation to private companies etc - 2019, 183, 176
medico-legal developments in foregoing treatment - 1986, 90/91,
89
'right-to-die' and recent cases - 1989, 100/101, 58
Philosophy
self-government, pluralism and Publius' statecraft - 1987, 92/93,
7
Taxation
comparative review of EU, UK & US on limits to tax deduction for company interest payments - 2014, 172, 42
Unborn child
claims for pre-natal injury in US, UK & Australia - 1989, 102/103,
68
Welfare State
care for the elderly, economic and moral considerations - 1986,
90/91, 110
Wales
Church & state
Baptist problems with forming a United Church in Wales & appointing
an ecumenical Bishop - 2002, 149, 145
Church in Wales, disestablishment of the - 2002, 149, 134
Courts & Tribunals
legal sub-committee of Church in Wales, system of seeking legal advice may in some cases conflict with natural justice - 2017, 179, 171
Provincial Court of the Church in Wales: jurisdiction of & standard
of proof - 1998, 138/139, 127
Ecclesiastical law
Church in Wales, nature of, and clergy discipline - 1998, 138/139,
127
Church in Wales as - 2002, 149, 77
courts system established for the Church in Wales and subsequent changes to this; do these changes affect impartiality? - 2017, 179, 171
National Churches: the Church of England, Church of Scotland &
disestablishment & constitution of the Church in Wales - 2017, 179, 171
procedures for choosing Archbishops and Bishops in Church in Wales, have the 'failure to agree election' plans become less just? - 2017, 179, 171
Welsh National Assembly can't legislate for marriage; discussion of full disestablishment for Church in Wales - 2015, 174, 96
Legal history
development of Welsh Christianity - 2002, 149, 134
disestablishment & constitution of the Church in Wales, history of - 2017, 179, 171
disestablishment of the Church in Wales - 2002, 149, 134
Marriage
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96
Church of England can change marriage law by simple Measures; Church in Wales needs Primary legislation - 2015, 174, 96
Wales and same-sex marriage legislation: bungled consultation but special provision if later want to allow such marriages - 2015, 174, 96
Yugoslavia
International Law
genocide: definition of and example of Srebrenica - 2003, 151, 96
immunity from prosecution for Heads of State, abolished by International
Criminal Tribunal on the former Yugoslavia - 2003, 151, 96
rape as a crime against humanity - 2003, 151, 96
trial chamber of the International Tribunal: first ruling on Yugoslavia
conflict - 1997, 134/135, 54
Zimbabwe / Rhodesia
Human rights
asylum seekers in UK persecuted for not supporting Mugabe, right not to lie to avoid problems upheld, freedom not to hold views protected (case) - 2012, 169, 288
Land Law
land rights of indigenous populations (1919) - 1993, 118/119, 84