Parliamentary Prayer and the Establishment of Religion

(February 2018) 40(1) the Bulletin of the Law Society of South Australia 12-15

U. of Adelaide Law Research Paper No. 2018-60

6 Pages Posted: 18 Jun 2018

See all articles by Paul T. Babie

Paul T. Babie

University of Adelaide - School of Law

Date Written: June 17, 2018

Abstract

Do parliamentary prayers violate the guarantees contained in s 116 of the Australian Constitution? This brief essay considers that question in three parts. Part II sets out the typical parliamentary prayers currently used in the Commonwealth, State, and Territory Parliaments. Part III considers s 116; drawing upon the existing Australian jurisprudence, with support from American precedent, I conclude that while such prayers may not constitute an establishment of religion, they may impose a religious observance and may establish a religious test for qualification for a Commonwealth office. Part IV concludes.

Keywords: law and religion; free exercise; freedom of religious belief; Australian Constitution, s 116

JEL Classification: K1

Suggested Citation

Babie, Paul T., Parliamentary Prayer and the Establishment of Religion (June 17, 2018). (February 2018) 40(1) the Bulletin of the Law Society of South Australia 12-15; U. of Adelaide Law Research Paper No. 2018-60. Available at SSRN: https://ssrn.com/abstract=3197971

Paul T. Babie (Contact Author)

University of Adelaide - School of Law ( email )

The University of Adelaide
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Adelaide 5005, South Australia SA 5005
Australia
+61 8 8313 5521 (Phone)
+61 8 8313 4344 (Fax)

HOME PAGE: http://www.adelaide.edu.au/directory/paul.babie

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