Manifestation of Belief and the 'Liberal' Law of religion

What is it about?

Manifestation of belief is a key component of religious freedom, however in modern pluralist states there are inherent conflicts between practices of the more religious minorities and those of the secular majority. In attempting to mediate those conflicts judges have been faced with the sensitive task of determining the extent to which a particular symbol or practice is worthy of protection by the law. The case law arising from this process has produced some inconsistencies and has shown that not all symbols are equal before the law. As a matter of practice, the law of religion is based on liberal values which tend to favour faith based on orthodoxy over orthopraxy. This article argues that the time has come for a remodelling of the current approach to manifestation of religion and belief and puts forward a holistic approach which considers religion as an element of identity and as such ascribed rather than merely a life choice.

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Photo by Aaron Burden on Unsplash

Photo by Aaron Burden on Unsplash