Religious Freedom and Education in Australian Schools

Paul Babie
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Paul Babie: Adelaide Law School, The University of Adelaide, Adelaide, SA 5005, Australia

Laws, 2021, vol. 10, issue 1, 1-18

Abstract: This article examines the constitutional allocation of power over primary and secondary education in Australia, and the place of and protection for freedom of religion or belief (FoRB) in Australian government and religious non-government schools. This article provides both an overview of the judicial treatment of the constitutional, legislative, and common law protection for FoRB and a consideration of emerging issues in religious freedom in both government and religious non-government schools, suggesting that the courts may soon be required to provide guidance as to how the available protections operate in both settings.

Keywords: Australia; education; freedom of religion; constitution; free exercise; section 116; implied freedom of political communication (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
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