Replicating a 'Model of Mutual Respect': Could Singapore's Legal Pluralism Work in Australia?

Abstract

For two centuries, the Muslim presence in Australia has always been a quiet one – Muslims found freedom to practice religion and be good Muslims and good citizens of Australia. Although Christianity was the dominant faith at the time of federation when the six British colonies came together to form the Commonwealth of Australia in 1901, a state religion was never imposed. Many free settlers had fled religious persecution in the sectarian struggles in Europe and Britain and so from its inception Australia was a secular nation but along with a de-establishment clause the Australian Constitution provided for freedom of religion and of worship for all. In this land of immigrants, the common law system was, rightly or wrongly, seen as a uniting and equalising force for all Australians. It has remained an unashamedly ‘one law for all’ nation with both sides of politics in support of that stance.

JEL Classification: K10