gavel
scales geographic index durham cathedral

 

Home
Law & Justice
subscriptions
contributors
Edmund Plowden Trust
Memorial Lecture
Journal Index
Advertisements
Contact Us

 

 

 


Geographic Index

1967 - 2016

This index lists countries or regions in alphabetical order. Entries under each heading generally duplicate entries within the subject index. Entries are followed by the standard source reference of year, issue and first page number.

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

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
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
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
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
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
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
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
religious community wanting registration should not have to undergo ten year waiting period (case) - 2009, 163, 200
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Marriage
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
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
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
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131

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
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
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
Employment Law
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
Ethics and Morality
torture rejected as fundamentally unjust - 2007, 159, 103
Unborn Child
duty of care owed to unborn child in common law provinces - 1973, 38, 28

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

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
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
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
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
Human Rights
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
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
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
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
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 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
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
German cases involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
Spanish and German courts' approach to institutional displays of religious symbols - 2013, 171, 21
Companies
management structures and co-determination - 1970, 27, 62
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
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
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
powers of government all permeated by law as reaction to Nazi history - 2015, 174, 5
Legal history
martyrdom of lawyers in Nazi Germany; Hitler's will as highest law - 2014, 172, 4
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
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
Human Rights
freedom of religion in Greece - 2004, 152, 27
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

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
Family Law
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
Human rights
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228

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 stated to decide (GC) - 2011, 166, 84
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
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

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

Lithuania
Family Law
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219

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

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
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
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
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
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
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
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
Good Friday Agreement: background of the Irish struggle - 2001, 146, 67
Education
Church of Ireland & school education, historically changing relationship between - 2002, 149, 118
Emergency powers
in relation to events in Northern Ireland - 1983, 78/79, 78
Employment law
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
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
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
detention in Northern Ireland and Republic of South Africa - 1972, 34, 5
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
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
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
changing influences of the churches after the partition of Ireland - 2002, 149, 118
Constitutional law
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
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
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 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
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
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
Roman Catholic Church
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 gay rights marches violates human rights (ECHR) - 2011, 166, 77
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
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
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

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
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
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
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
development of post-reformation Church/State relations in Scotland - 170, 2013, 7
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
'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
Employment law
atheist teacher was discriminated against by not being given interview for pastoral post in Catholic school - 2009, 163, 142
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
'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
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
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
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

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
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 applicants convictions - 2008, 160, 53
Human rights
Alevi meeting house not given free utility bills as the religion not recognised as such; ruling that is religion so was discrimination (ECHR) - 2015, 174, 133
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
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
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
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
free exercise of religion cases & Establishment Clause cases in U.S. Supreme Court - 2013, 171, 5
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
'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
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
law regarding essential services - 1990, 106/107, 48
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
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
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
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
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
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
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
National Churches: the Church of England, Church of Scotland & Church in Wales as - 2002, 149, 77
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 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

 

 

Published by:

The Edmund Plowden Trust



subject index
case index
Hein Online
LARSN



subscriptions

 

  © 2017 The Edmund Plowden Trust - Charity Number 313580