New Commonwealth Religious Freedom Laws

neilfoster's avatarLaw and Religion Australia

The Commonwealth Attorney-General has released Exposure Drafts of a package of Federal Bills designed to improve religious freedom protections under Australian law, along with associated explanatory information. The legislation responds to the recommendations of the Ruddock Panel into Religious Freedom, released late in 2018. Public comment has been invited by 2 October, 2019.

The main item is the Religious Discrimination Bill 2019 (“RDB”), which broadly replicates the existing pattern of anti-discrimination laws enacted by the Commonwealth, but picking up for the first time at the Federal level the “protected characteristics” of “religious belief or activity”. Two ancillary Bills propose consequential amendments to other legislation, add some specific matters to be taken into account in objects clauses for other discrimination laws, and slightly amend or clarify the laws on charities and marriage.

The RDB is a lengthy document (68 clauses over 52 pages), with some complexities that will need to be…

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Note for the anti-science left

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A Woman’s Place is on the Podium: Emma Hilton (10 July 2019)

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Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?

Constitutional Law Group's avatarUK Constitutional Law Association

An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to do so by ministers.  Robert Craig  has also argued for that position in a blog post, making clear why in his view that is the democratically legitimate position.  Professors Mark Elliott and Thomas Poole both refute these views, but recognize a prima facie tension between a constitutional convention that the Monarch follow ministerial advice on the one hand, and a convention that the Monarch almost automatically give Royal Assent to duly passed bills on the other.  Poole assumes for the sake of argument that they might be in conflict, and argues that were it so, the convention on Royal Assent would prevail.  I agree with him so far as that argument goes. (Professor Poole also alludes to the view that…

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Why innovation is getting harder

Hyperinflation is always and everywhere a fiscal phenomenon

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The Cavalier Parliament

Paul Seaward's avatarThe History of Parliament

Our ‘Named Parliaments’ series continues. Today Paul Seaward, British Academy/Wolfson Research Professor at the History of Parliament Trust explores the Cavalier Parliament, the first Parliament after the Restoration of the monarchy in 1660…

The Parliament elected in April 1661 was designed to sweep away the last vestiges of the English Revolution and restore the monarchy to its pre-Civil War glory. It was the Convention of 1660, elected a year earlier, that had brought the Interregnum to an end, summoning Charles II back from his continental exile; but men who had fought for the king and his father had been deliberately excluded from it. As far as the king was concerned, the Convention needed to be replaced as soon as possible with something more vigorously reactionary. His new Parliament fitted the bill: ‘no man’, wrote his lord chancellor and chief minister, the earl of Clarendon, ‘could wish a more active spirit…

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