CONFLICT OF LAWS

abuse cases: conflicts of interest between canon and charity law; canonical requirement for ecclesiastical control - 2019, 182, 37
Article 10 of ECHR (freedom of expression) normally trumps Article 9 (freedom of thought, conscience & religion); relevant court cases and conflicts - 2020, 185, 121
challenges of the Human Rights Act 1998 - 2001, 146, 5
Christian counsellor refusing to give same-sex sexual therapy can be dismissed (case) - 2010, 164, 107; can't have legal protection for a faith based moral position (leave to appeal dismissed) - 2010, 165, 229
Church of England legal procedures alongside UK law with reference to seal of confession; uncertainty whether canon (of secrecy) yields to Statute that requires giving evidence in court (especially in child abuse cases) - 2022, 189, 126
civil / canon law, areas of conflict e.g. legal status of parishes, marriage law - 2012, 168, 44
colonial expansion causing legal systems to be merged - 1993, 118/119, 84
contracts must be made under the law of a country, not under sharia - 2008, 160, 67
coronavirus laws that restrict religious practice, is this against human rights & are guidelines that are taken as laws lacking due scrutiny? - 2020, 184, 3
Equality Act 2010: transgender rights vs freedom of religion & expression; recent judgments - 2020, 185, 121
foreign divorce granted by 'incompetent' court not recognised - 1972, 34, 36
should human rights transcend Islamic or common law or is God required for human rights? - 2014, 173, 173
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
Jewish (Beth Din) & Islamic (Sharia) arbitration courts and validation by civil courts - 2010, 165, 124
Jewish law against invasive autopsy in conflict with coroner's obligations; freedom of religion engaged so do non-invasive first (case) - 2015, 175, 290
Jewish religious courts and secular courts; interactions suggest secular will prevail (3 cases examined) - 2019, 183, 219
marriage, nullity of - 1972, 34, 21
marriage formalities in Tanzania -1970, 26, 3
no separation between church and state in historic Islam but can be tension between modern Islamic jurisprudence & state law - 2014, 173, 173
nullity proceedings and relevant system of laws - 1972, 37, 123
recognition of annulment under Maltese Law - 1970, 29, 211
religious views (eg against gay marriage) generally protected in court but increasing use of 'worthy of respect' tests etc already caused gender critical views to be ruled 'incompatible with human dignity' - 2021, 187, 134
third world, common law versus customary law - 1990, 104/105, 20
'parallel' law and trends in polygamous marriages - 1968, 18, 33
sharia law, arbitration can be decided in accordance with - 2008, 160, 67
surrogacy (commercial) is illegal but welfare of children already born means parental orders should be granted (case) - 2012, 168, 150
transgender rights: freedom of expression is a right but can't trump offending dignity of others (case law p129-138) - 2020, 185, 121
Australia
Sikh's being forbidden by State law from carrying kirpan (knife) at school ruled unconstitutional as racial discrimination (case) - 2023, 191, 190
Northern Ireland
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
Poland
ruling of European Court that denying abortion could contradict human rights, didn't respect Poland's domestic law - 2007, 158, 81
United States of America
anti-discrimination & Equality Act in USA: Senate reasoning based on 'textualism' & scope of term 'sex' - 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

Published by:

The Edmund Plowden Trust