Description
Book SynopsisTable of ContentsIntroduction: The Elusive Jurisprudence of Church and State The Evolving Status of Religion in the Constitutional Order I. Religion and constitutional identity in independent Ireland II. The influence of religion in the drafting of the Constitution III. Religion as an interpretive resource in constitutional adjudication IV. The secularisation of constitutional discourse and constitutional adjudication Religious Freedom in Irish Law: Between Neutrality and Accommodation I. The theoretical bases of religious freedom II. Defining religious freedom in law: analytical and conceptual dilemmas III. Statutory exemptions for religious practices: theoretical and practical obstacles IV. The embryonic Irish jurisprudence on religious freedom V. Exploring potential uses of religious freedom in Irish law VI. Defining the spheres of protected activity and belief Equality, Discrimination and Religious Freedom I. The primacy of religious freedom over non-discrimination: the genesis of the doctrine II. The conceptual dichotomy of religious freedom and non-discrimination in the school enrolment context II. Religious discrimination in employment III. Religious discrimination across public and private spheres Religious Freedom Under the Patronage Model in Irish Education I. The "patronage" model: historical context and constitutional framework II. The constitutional basis for the integrated curriculum: a "right" to denominational education? III. Exploring the "balance" of religious freedom rights in education Inequality, Power and School Choice: Religion and the Patronage Model I. The limited scope of "pluralism" under the patronage model II. The disparity between formal equality for religious groups, and equal religious liberty for individuals: exploring the criteria for school recognition III. Pluralising the patronage model: the limited horizons of reform The Constitutional Separation of Church and State: Prohibitions on the Establishment and Endowment of Religion I. Endowment of religion in the context of education: the significance of the Campaigndecision II. Criticisms of the Campaign ruling III. Religious freedom, equality and Church-State separation: a purposive interpretation of the endowment clause IV. The insufficiency of formal neutrality in State support of religions V. The constitutionality of the congregational indemnity agreement 2002 Legislative Intervention in Religious Function: Exploring the Constitutional Value of Denominational Autonomy I. Denominational autonomy as a constitutional value: some conceptual ambiguities II. A legislative "buttress" for religious function: the incongruity of the Mass Cards law III. The More Stringent Requirement of Religious "Neutrality" in United States Constitutional Law IV Scrutinising McNally v Ireland: is the "Mass cards" law constitutional? V. Between neutrality and recognition: legislative intervention in religion and the concept of religious freedom in Irish law Blasphemy in Irish Law I. The liberal interpretation of constitutional blasphemy law in the Corway judgment II. The pluralisation of blasphemy law in the Defamation Act 2009
