African States
Conflict of Laws
polygamy and 'parallel' personal laws - 1968, 18, 33
Constitutional law
absolute powers of legislatures - 1982, 72/73, 31
Education
human & civic rights education - 1997, 132/133, 49
Human Rights
non-entrenchment of fundamental rights in constitutional law - 1982, 72/73, 31
International Law
Cameroon-Nigeria conflict over Bakassi Peninsula - 1997, 132/133, 39
Legal Systems
influences of customary law, common law and religion - 1990, 104/105, 20

Armenia
Human rights
imprisonment of Jehovah's Witness for refusing military service violates Article 9 (ECHR) - 2011, 167, 101; (similar cases ECHR) - 2012, 168, 117
Jehovah's Witnesses imprisoned for refusing alternative to military service (still overseen by the military) had Article 9 rights violated (ECHR) - 2017, 179, 220
Jehovah's Witnesses refused registration by NKR: Armenia held responsible for violation of rights including that of conscientious objection to military service (ECHR) - 2022, 189, 194
Jehovah's Witness prosecuted for seeking alternative to military service in disputed area of NKR; Armenia ruled responsible for securing his rights (ECHR) - 2021, 187, 167

Asia
European Community
E.C. trade agreements, use of human rights & democracy clauses with - 1995, 126/127, 105

Australia
Abortion
husband's right to prevent - 1989, 102/103, 68
Church & State
Anglican Church constitutionally cannot be a national church - 1993, 118/119, 128
Anglican Church in Australia, nature and legal effect of - 1993, 118/119, 128
confession, seal of, in the Church of England, whether seal still upheld in law in light of child abuse cases - 2022, 189, 126
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
former Anglican Bishop deposed by Diocese; appeal to Appellate Tribunal concluded no jurisdiction but ruled deposition void as Diocese had exceeded its own jurisdiction - 2017, 178, 124
judicial intervention in Church affairs (New South Wales) - 1992, 112/113, 51
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Constitutional Law
Mabo land case, aboriginal land rights, departure from precedent - 1993, 118/119, 84
Courts & Tribunals
Beth Din (named as dispute court in contract between companies) charged with criminal contempt for threatening religious sanction for not submitting to their judgment (case) - 2019, 183, 219
Employment law
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
law regarding essential services - 1990, 106/107, 48
Human Rights
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Sikh's being forbidden by State law from carrying kirpan (knife) at school ruled unconstitutional as racial discrimination (case) - 2023, 191, 190
Land law
the Mabo land case, aboriginal rights - 1993, 118/119, 84
Legal history
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62
Medicine
Bolam principle abandoned in Australia - 1994, 120/121, 26
duty to inform & advise patients, development of the - 1994, 120/121, 26
embryology research and experimentation - 1988, 98/99, 75
Roman Catholic Church
vicarious liability for child sexual abuse by priest; he was not employee of Catholic Chutch but holistically they are vicariously liable (case) - 2022, 188, 80
Taxation
court ruled Church of Scientology is religious institution so exempt from payroll tax - 2017, 178, 57
Unborn Child
claims for pre-natal injury in US, UK & Australia - 1989, 102/103, 68
rights of an unborn child - 1972, 36, 88

Austria
Church and State
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4
Human Rights
children taken into care from Muslim family, parents objected that foster family didn't reflect religious or ethnic background (girl wore a cross); rights not breached as such a family was unavailable and children's interests were paramount (ECHR) - 2023, 190, 97
denigration of prophet Muhammad may disturb religious peace so criminal conviction didn't violate Article 10 (ECHR) - 2018, 181, 234
Jehovah's Witnesses discriminated against by being liable for compulsory civilian service, when exempted from military service (case) - 2009, 163, 184
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
Jehovah's Witnesses seeking recognition as a religious society suffered unacceptable delays breaching Article 9 (case) - 2008, 161 154
newspaper alleging sexual impropriety at a seminary didn't violate privacy or perpetrators, but paper prohibited from republishing photo (ECHR) - 2013, 170, 130
paid holiday on Good Friday, giving this only to certain religions is direct discrimination and against equal treatment (case) - 2019, 182, 83
Pastafarians wishing to wear colander / pasta on heads in official documents; not discrimination as not a religion or cogent belief (ECHR) - 2023, 190, 88
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
religious community wanting registration should not have to undergo ten year waiting period (case) - 2009, 163, 200
religious tolerance means religious must accept reasonable criticism but not gratuitously offensive speech (ECHR) - 2020, 184, 37
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Marriage
opposite sex couple denied civil partnership had no rights violated (ECHR) - 2018,180, 137
same sex marriage: EU states not obliged to implement this or, if they do, make it correspond to marriage in every way (case) - 2010, 165, 233
Medicine
IVF using donors can be banned in Europe but must be coherent, in these cases rights were violated (ECHR) - 2011, 166, 100; on appeal Austria had not exceeded margins of appreciation (GC) - 2012, 168, 141

Azerbaijan
Human Rights
convictions & imprisionment for publishing article critical of Islam; Article 10 breached as State didn't balance rights properly (ECHR) - 2020, 184, 119
Jehovah's Witnesses sentenced to prison for conscientious objection; Article 9 violated as no provision made for alternative service (ECHR) - 2020, 184, 110
mosque congregation not discriminated against by refusal of registration as hadn't exhausted domestic remedies, didn't own the property and could worship elsewhere (ECHR) - 2013, 170, 128
non-profit NGO shut down for engaging in Islamic activities; rights breached as domestic law didn't define 'religious activity' (ECHR) - 2015, 174, 149

Bangladesh
Marriage
learning disabled woman contracted arranged marriage in Bangladesh, courts rules it invalid & nullity should be declared (case) - 2012, 169, 294

Belgium
Church / State
Church/State provisions in Constitution - 2009, 162, 4
Employment Law
religious dress at work: company can have religiously neutral rules applied to all; indirect discrimination allowed if legitimate and necessary (case) - 2017, 178, 118
religious dress at work: muslim woman banned from wearing hijab in municipal back office; ban might be justifiable if proportionate (EUECJ) - 2024, 192, 98
religious dress in workplace; religious and philosphical beliefs constitute separate grounds of protection (EUECJ opinion) - 2022, 189, 197
Human rights
animal slaughter without pre-stunning ban challenged by Muslim and Jewish group; balancing animal rights was reasonable and within State's margin of appreciation (ECHR) - 2024, 193, 190
Church of Scientology investigated for fraud, court can't rule on alleged press statements by authorities prejudicing case since domestic remedies not exhausted, journalists being solely responsible etc (ECHR) - 2014, 172, 74
civil action by French & Dutch nationals against the Holy See for handling of sexual abuse; Belgian court has no jurisdiction due to state immunity (ECHR) - 2022, 188, 85
European law allowing ban on face covering, does this impose valid restriction particularly on Muslim women? - 2018, 180, 82
euthanasia of depressed mother without telling her son; case review procedure which allowed doctor involved to vote on legality (& length of proceedings) violated Article 2 (ECHR) - 2023, 190, 102
hijab partial ban at school; rights not breached as parents agreed to school regulations and proportionate to neutrality of education (ECHR) - 2024, 193, 196
Jehovah's Witnesses: removal of property tax exemptions from non-recognised religions caused violation of rights; risk of arbitrariness & lack of legal certainty (ECHR) - 2022, 189, 188
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
Muslim refusing to remove hijab at company with neutrality policy; ban isn't direct discrimination if applied fairly but could be indirectly to particular religion if no genuine need demonstrated (EUECJ) - 2023, 190, 111
Muslim ritual slaughter without pre-stunning is allowed in approved premises in EU; freedom of religion (EUECJ) - 2018, 181, 242
niqab banned in public places; law challenged but upheld as a fair choice by society (ECHR) - 2017, 179, 223

Bermuda
Human rights
same-sex marriage: ban on this is not discrimination on human rights grounds or against the Constitution (case) - 2022, 189, 190

Bosnia & Herzegovina
Human rights
religious clothing: Muslim witness fined & then imprisoned for refusing to remove skullcap in court; authorities violated Article 9 (ECHR) - 2018, 180, 118

Bulgaria
Employment Law
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
Human rights
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
lesbian couple married in England; Bulgarian refusal to recognise relationship violates Article 8 (ECHR) - 2023, 191, 195
Orthodox breakaway denominations refused registration; state should not determine whether religious beliefs are identical so rights were breached (ECHR) - 2021, 187, 168
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
refusal to register Ahmadi Muslim group violated Article 9; state shouldn't assess religious beliefs (ECHR) - 2017, 179, 238
refusal to register religious association due to political activities violated Article 11 (ECHR) - 2017, 179, 238
refusal to register religious association with similar name & constitution to another violated Article 9 read with 11; allow public to choose (ECHR) - 2017, 178, 133
religious organisation meetings in lady's house classed as sect & subjected to illegal police searches; rights violated (ECHR) - 2015, 174, 136
Roma church hadn't exhausted domestic remedies for their registration before appealing to ECHR (case) - 2008, 161, 145
unlawful for government to take sides between rival church leaderships (ECHR) - 2009, 163, 185; applicants awarded damages but no property rights (ECHR) - 2011, 166, 82
violent demonstration against mosque's call to prayer not properly investigated, no one charged; worshipper's rights violated (ECHR) - 2015, 174, 151

Canada
Constitutional Law
legislative hierarchy and constitutionality of statutes - 1971, 31, 67
principles of, and inherent problems in, constitution - 1977, 54/55, 82
Ecclesiastical Law
Church congregation, as a voluntary association with Constitution, should abide by this when expelling members (case) - 2020, 184, 90
Employment Law
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
Ethics and Morality
torture rejected as fundamentally unjust - 2007, 159, 103
Human rights
covid 19 prohibition of in-person religious worship; Health Officer had acted legally on the basis of risk & without distinction between settings (case) - 2023, 190, 90
Jehovah's Witness elders refused to disclose personal data records as contrary to religious beliefs; court rules that records should be disclosed to Commissioners for review (case) - 2024, 192, 103
oath of allegiance to Crown, Sikh solicitor claims conflict with religious belief; court dismissed this as oath symbolic (case) - 2024, 192, 104
Jurisprudence
voluntary religious association, expulsion of members of; court rules no contract so no jurisdiction (case) - 2021, 187, 170
Taxation
Tai Chi institution's exemption from taxes as a religious institution, passed but then rejected on appeal as no acts of worship take place (case) - 2022, 188, 84
Unborn Child
duty of care owed to unborn child in common law provinces - 1973, 38, 28

Cayman Islands
Marriage
same-sex marriage not a right laid down in constitution (only civil partnership); other legislation could recognise it later (case) - 2022, 189, 195

Chagos Islands
International law
case against their removal from their land for a US defence base - 2001, 146, 5

Croatia
Human rights
government must remain neutral and recognise small reformed churches as able to provide pastoral care, education and marriages (as others are) (ECHR) - 2011, 166, 96
school teacher of Catholic religion, dismissal after divorce & remarriage not disproportionate; he had received some help (ECHR) - 2016, 177, 227

Czech
Human rights
human dignity as basis of human rights in Czech court judgments - 2022, 189, 110

Denmark
Church / State
Church of Denmark: quasi-Erastian Church/State model - 2009, 162, 4

European Community
Abortion
Irish anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
EU statements on abortion & their supervision of incorporating the X case into Irish law - 2011, 166, 5
Canon law
Western law & Canon law on usury: background, development, theory, practice & possible future provisions for Europe - 2014, 172, 42
Church & State
capital punishment: church/state influences - 2006, 156, 11
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
ECHR case law on right to wear religious symbols, development over time - 2013, 171, 52
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
EU law upholds impartiality of State towards religions (incompetent to decide on religious doctrines) - 2013, 171, 21
European Conferences exploring the concept of National Church - 2002, 149, 70
interest of European States in religious affairs - 2004, 152, 68
law on religion in the media (in different European countries) - 2004, 152, 68
National Churches in Europe & UK, examples of - 2002, 149, 157
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
religious influence on secular government in Europe - 2004, 152, 68
religious pluralism in Europe: legal responses to - 2004, 152, 68
secular values systems - 2004, 153, 159
state law, religious needs & social conflict in Europe - 2004, 152, 68
State neutrality in European countries with regard to institutional religious symbols (public policy & case law) - 2013, 171, 21
Sunday trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
Comparative law
differing regulation of excessive interest rates across Europe - 2014, 172, 42
federalism in the EU & the US Constitutions - 2005, 155, 87
usury laws across Europe and U.S. - 2014, 172, 42
Competition law
double standards and free movement of goods - 1988, 96/97, 55
Free movement of goods, Sunday trading and 'proportionality' - 1991, 110/111, 44
Constitutional law
Constitution (proposed), jurisdiction & powers of - 2005, 155, 87
Constitutions & federalism, comparison of, in US and EU - 2005, 155, 87
creating a 'draft treaty establishing a Constitution for Europe' - 2004, 152, 3
debate over whether the European Constitution should refer to Christian tradition - 2004, 152, 3
federalism in the EU & the US Constitutions - 2005, 155, 87
religion in the Constitutions of different European countries - 2004, 152, 3
Courts & Tribunals
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
Criminal Law
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
Education
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
Employment law
Employment law (E.U.): possible effects on church schools - 2002, 148, 4
Employment law (E.U.) and religious organisations: possible conflicts - 2002, 148, 4
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968, 21, 168
analysis of articles and their equivalents in English law - 1987, 92/93, 59
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101, 71
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
change in emphasis in ECHR case law (since 2005) away from proving manifestation & interference in beliefs, towards possible justification for the interference - 2013, 171, 52
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24, 106
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
Diane Pretty case: human rights not breached, no legal 'right to die' - 2003, 150, 51
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning - 1999, 140/141, 26
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
Jehovah's Witness complaints of discrimination; 2020 cases heard by ECHR - 2021, 186, 89
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
religious discrimination employment cases, effect of European Convention on UK - 1998, 138/139, 105
right to respect for family life - 1989, 100/101, 71
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153, 128
torture in ECHR: should circumision be covered as well as FGM? - 2021, 186, 20
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
'victim' only, can bring a matter to court - 2005, 154, 27
Human Rights
E.C. trade agreements, use & enforcement of human rights & democracy clauses in - 1995, 126/127, 105
enforcement of rights in domestic courts - 1977, 54/55, 130
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
Fair Trials Abroad (FTA): group promoting European justice - 2001, 147, 114
freedom of religion: upholding by the ECHR - 2003, 151, 137
Human Rights Act 1998: how it gives legal effect to the European Convention - 2001, 146, 5
miscarriages of justice, cases in Europe - 2001, 147, 114
problems of ensuring justice in the different legal systems of Europe's nation states - 2001, 147, 114
Jurisdiction
over foreign parent companies - 1990, 106/107, 31
Jurisprudence
subsidiarity, a critique of, in theology and E.C. law - 2002, 148, 46
subsidiarity: reflections on its importance in the EU - 2005, 154, 31
subsidiarity within the European legal order - 2003, 151, 111
Legal history
European Unification, a brief history of - 2004, 152, 3
Irish accession and its effects in Ireland - 1983, 78/79, 78
Legislation
legislative power in the proposed EU Constitution - 2005, 155, 87
Medicine
human cloning, prohibition of - 1999, 140/141, 26
Sociology
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
religious influence on secular government in Europe - 2004, 152, 68
state law, religious needs & social conflict in Europe - 2004, 152, 68

European Mainland
Administrative law
civil and common law systems compared - 1981, 68/69, 9
Legal History
contracts & 'good faith': from Roman law to modern Europe - 2000, 144, 4
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
witchcraft: laws & trial processes in England compared to Europe (ecclesiastical & secular courts) - 2011, 167, 54

Europe, Central & Eastern
European Community
E.C. trade agreements, use of human rights & democracy clauses with - 1995, 126/127, 105

Finland
European Community
Jehovah's Witnesses collecting data during door-to-door preaching must comply with EU data law (EUECJ) - 2018, 181, 259
Human Rights
Jehovah's Witnesses having to get consent from people to collect their data obtained door to door does not violate their rights (ECHR) - 2023, 191, 194
transsexual can't have I.D. number changed to female unless his wife agrees to divorce as same-sex marriage unlawful (ECHR rules in favour of state) - 2013, 170, 122; Appeal upholds state refusal - 2014, 173, 224

France
Church and State
European court allows State power to impose conditions of 'living together,' e.g. by not wearing veil, on people that don't agree; is this justified or violating freedom of conscience? - 2018, 180, 82
examples of Church / State relations - 2009, 162, 4
France & Greece: two approaches to religious pluralism - 2004, 152, 27
relations between different faiths & the public administration/government - 2004, 152, 27
Constitutional law
general legal framework relating to religion - 2004, 152, 27
Employment Law
employer (without dress rules) cannot say a customer's wish not to deal with employee in hijab is a genuine occupational requirement (case) - 2017, 178, 118
Family Law
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle - 2008, 160, 50
same-sex civil partners, one with daughter, adoption not allowed by other partner as transfers parental responsibility (ECHR) - 2012, 168, 123
sexual abuse of 5 year old Muslim child by Jehovah's Witness foster carers who also failed to be religiously neutral; France guilty of not monitoring placement, rights violated (ECHR) - 2023, 190, 100
Human Rights
antisemitic abuse of lady, French courts only classified it as racist so no higher damages & inadequate response given; her Article 8 (with 14) right breached (ECHR) - 2024, 193, 189
comedian demonstrating anti-Semitism & support for Holocaust denial during show did not deserve protection under Article 10 (ECHR) - 2016, 175, 94
face veil ban in public: discussion of legitimacy of restriction - 2024, 192, 16
incitement to racial, ethnic or religious hatred can be punished regardless of freedom of expression (ECHR) - 2011, 166, 86
Islamophobic statements on TV by journalist; conviction and fine ruled proportionate under Article 10 as harmful to social cohesion (ECHR) - 2023, 190, 114
muslim banned from wearing full-face veil in public: proportionate restriction to fulfil life in society and protect rights / freedoms of others (case) - 2014, 173, 235
muslim dress: social worker has to be neutral so ok not to renew contract due to refusal to remove headgear (ECHR) - 2016, 176, 84
religious dress in schools: fair to insist headscarf removed for PE; fair to exclude for continuing to wear items (ECHR) - 2009, 163, 178
sikh can be obliged to remove turban for driving license photo (ECHR) - 2009, 163, 188
topless protest in Catholic church against abortion stance being against women's rights over body, her imprisonment is ruled as disproportionate in context (ECHR) - 2023, 190, 92
vegetative patient, ending nutrition to, doesn't breach his right to life under Article 2; dissenters slam lack of ethics (ECHR) - 2015, 175, 273
Immigration & Asylum
Egyptian Coptic Christian's rights would be violated by deportation due to risk of ill-treatment for proselytism (ECHR) - 213, 171, 115
muslim lady refusing to remove veil for identity check, can reasonably be refused a visa (case) - 2008, 161, 151
Legislation
usury laws in France: criminal, statute & variation with the nature of the loan - 2014, 172, 42
Marriage
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
Sociology
religious demography, trends, minorities & state regulation of religion - 2004, 152, 27
views of different faiths on religious law & religious needs - 2004, 152, 27
role of religion (multi-faith) in society and impact of social change on religion - 2004, 152, 27
Taxation
Jehovah's Witness association hit by retrospective, unforeseeable tax bill which reduced current operations, against Article 9 (ECHR) - 2011, 167, 99; France must reimburse & pay costs - 2012, 169, 262

Georgia
Human rights
condom packaging caused offence to religious groups; 3 out of 4 designs allowed due to freedom of expression (ECHR) - 2021, 187, 175
demonstration by NGOs against homophobia; failure of police to protect them violated their rights (ECHR) - 2022, 188, 102
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights (ECHR) - 2007, 159, 163
Jehovah's Witnesses suffered violence by state agents which was not properly investigated due to official toleration of violence (ECHR) - 2015, 174, 128
Muslim school unable to open in leased building due to protests; police inaction breached their human and property rights (Articles 1,8,9,14) - 2024, 192, 90

Germany
Abortion
doctrine of non-demandability - 1990, 104/105, 55
penal theory in Spain and Germany - 1990, 104/105, 55
Church and State
Böckenförde on a theology of modern secular law; connection to Aquinas and Pope Benedict XVI - 2021, 186, 10
Church tax: court holds that government had legitimately justified their interference with Article 9 rights (ECHR) - 2017, 178, 138
Church tax, opposition / conscientious objection to; obligatory despite Church scandals - 2016, 177, 146
Church tax, process of opting out & implications for Catholics - 2016, 177, 146
German cases involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
Lutheran authority issues e.g. state as ruler rather than Pope but how to preserve religious freedom or allow political revolt - 2017, 178, 6
Lutheran 'Church Ordinances' and their wide ranging provisions; state takes over from Canon Law - 2017, 178, 6
secular law on excommunication as result of withholding Church tax, retired canon lawyer challenges this; canon law on formal defection; simony? - 2016, 177, 146
Spanish and German courts' approach to institutional displays of religious symbols - 2013, 171, 21
Companies
management structures and co-determination - 1970, 27, 62
Constitutional law
Böckenförde, Ernst-Wolfgang: writings on constitutional law, secular nation state & neutrality of state on values - 2021, 186, 10
Schmitt and Böckenförde on constitutional theory & resistance to grounding law in values; state theories are secularised theological concepts - 2021, 186, 10
Criminal law
German reformation took time to draw lines between whether sin punished by church, state or both - 2017, 178, 6
holocaust denial, conviction of former Catholic Bishop for this upheld (ECHR) - 2019, 182, 102
holocaust denying speech in regional parliament; subsequent criminal conviction upheld (ECHR) - 2020, 184, 113
Protestant Reformation: criminal law must not use torture, must differentiate punishments (as the church courts did) & rehabilitate - 2017, 178, 6
Divorce
talaq divorce pronounced in a third country Syria) isn't covered by EU Council Regulations on enhanced cooperation between countries (ECJ) - 2018, 180, 141
Education
Baptist parents can't remove primary children from school sex education (ECHR) - 2011, 167. 124
German cases involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
humanist ethics course (compulsory) at school, doesn't violate any rights (case) - 2010, 164, 92
Employment law
Catholic assistant in Protestant day-nursery can be dismissed due to incompatible beliefs (ECHR) - 2011, 166, 101
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
job applicant claims discrimination due to lack of Church membership; employer must ensure requirement is genuine, legitimate & justifiable (EUECJ) - 2018, 181, 260
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
religious dress in the workplace; interpretation of the Equal Treatment Directive (EUECJ) - 2021, 187, 186
Family law
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
Human Rights
incest between siblings is still criminal act, despite family life (ECHR) - 2012, 168, 147
refusal to register Islamic organisation upheld; groups that act contrary to Convention values are not protected (ECHR) - 2012, 169, 272
sects, governments can warn against, but in legal proceedings need to keep a fair timescale (ECHR) - 2009, 163, 188
Jurisprudence
connection between law of God / ethics & human law illustrated by Nazi Germany - 2014, 172, 4
German jurisprudence: structural interconnectedness in Systems theory and the Frankfurter ideological school of thought - 2021, 186, 10
Luther's view that the Church shouldn't rule by law; subsequent reforms of Church, State, society & legal system - 2017, 178, 6
Peace of Augsburg (1555): did this betray Luther's ideas of freedom or impose necessary order & authority - 2017, 178, 6
powers of government all permeated by law as reaction to Nazi history - 2015, 174, 5
Legal history
circumcision almost criminalised but religious objectives made it legal if done by medical professional - 2021, 186, 20
Luther's Reformation: few Church structures survived, secular law / authority attacked; resulting crises - 2017, 178, 6
martyrdom of lawyers in Nazi Germany; Hitler's will as highest law - 2014, 172, 4
reforms to the law starting in 1437 and updating / systemising law in territories across Germany - 2017, 178, 6
Legal profession
Luther's attacks on lawyers (church & lay); later view of magistrates as fathers of community / instruments of God's justice - 2017, 178, 6
Marriage
Lutheran reforms: marriage no longer a sacrament so subject to civil laws; celibacy discouraged - 2017, 178, 6
Lutheran views putting male as head of household & outlawing monasticism put a premium on marriage as only option; equality struggles in Protestant communities - 2017, 178, 6
Roman Catholic Church
Böckenförde, Ernst-Wolfgang: Catholic judge, theologian, constitutional lawyer - 2021, 186, 10
Nazism: German Catholic resistance wasn't strong according to Böckenförde - 2021, 186, 10
Natural law
Böckenförde: why secular law should not be grounded in natural law - 2021, 186, 10
Rule of law
overthrown in Nazi Germany by Hitler's 'Empowering Acts' 1933/4 - 2014, 172, 4 & 1
Taxation
taxpayer must state membership (or not) of those churches authorised to levy tax, doesn't violate his rights, protects from unauthorised deductions (ECHR) - 2011, 166, 103

Greece
Church and State
France & Greece: two approaches to religious pluralism - 2004, 152, 27
Constitutional law
Church/State legal relations - 2004, 152, 27
possible procedural problem when passing new law on legal forms for religious groups - 2016, 176, 42
Courts & tribunals
Court of First Instance to accept petitions for and maintain register of Religious Legal Persons - 2016, 176, 42
Criminal law
defendants/witnesses cannot be required to reveal religious beliefs, or lack of, in order to take declaration rather than oath - 2010, 165, 216; no damages payable - 2012, 168, 119; judgment that rights violated upheld (case) - 2013, 170, 116
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
Education
parental right to withdraw children from school religious education; exemption process required disclosing religion and this violates rights (ECHR) - 2020, 184, 112
Human Rights
birth record indicated baby not Christened, Article 9 violated as shouldn't be obliged to manifest beliefs; damages awarded (ECHR) - 2020, 185, 205
Christian group appropriated Greek Navy building for a church to which they were then excluded; Greek court judgment against them upheld (ECHR) - 2020, 184, 111
conscientious objector to military service, Commission Tribunal that examined him ruled as not impartial so Article 9 violated (ECHR) - 2016, 177, 221
freedom of religion in Greece - 2004, 152, 27
Religious Legal Persons, dissolution of, consistent with ECHR case law where state does not rule on religious belief - 2016, 176, 42
wife suffered detriment as Will drawn up with Sharia rules of inheritance; just satisfaction required (ECHR) - 2020, 185, 190
Jurisprudence
public / private legislative differentiation between various religious communities; possible problems - 2016, 176, 42
Land law
property administration law for Religious Legal Persons - 2016, 176, 42
Legal history
legal classification (& lack of registration) of minority religious organisations in Greece 1910-2014 - 2016, 176, 42
not allowing monks or clerics to practise as lawyers when qualified in another EU State, violates EU directive (case) - 2019, 182, 89
Legal profession
lawyer having to reveal religious convictions in order to take oath or affirmation (on taking office), contravenes Article 9 (case) - 2008, 161, 143
Legislation
existing religious communities recognised under new Religious Legal Persons status - 2016, 176, 42
new law to define & voluntarily register Religious Communities, Religious Legal Persons & Ecclesiastical Legal Persons - 2016, 176, 42
statute for Religious Legal Persons: essential requirements for validity & registration - 2016, 176, 42
Roman Catholic Church
specific recognition of Catholic Church as legal body after decades of ambiguity - 2016, 176, 42

Guernsey
Legal History
sources of Guernsey law - 1998, 136/137, 4
Matrimonial Property
division of jointly held assets after wife causes husband's death in another jurisdiction - 1998, 136/137, 4

Hungary
Employment Law
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Family Law
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
Human rights
assisted dying, applicant with motor neurone disease wanted medical death; current prohibition is within State's margin of appreciation (ECHR) - 2024, 193, 190
Catholic placed under house arrest so cannot attend Mass; treatment compatible with Article 9 (ECHR) - 2016, 176, 106
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228
Hungarian Evangelical Brotherhood deregistered under new Church law awarded damages as just satisfaction (ECHR) - 2017, 178, 141

India
International Law
Goa, Geneva Civilians Convention, protection of civilians - 1969, 24, 129
Jurisprudence
Hindu law: what is it and how does it's pluralism fit into modern international law? - 2010, 164, 45

Iraq
International Law
Iraq war (2003): arguments over the legality of - 2005. 154, 35
Iraq war & regime change: a justified development of International law? - 2005, 154, 35
Rule of Law
regime change in Iraq, squaring this with the rule of law - 2005, 154, 35

Israel
Human Rights
law and order and protection of civil liberties - 1984, 80/81, 32
intolerant human rights record and immigration policy - 1993, 118/119, 108
Vatican Concordat with Israel uses UN Covenant Of Human Rights to uphold religious freedom - 2007, 158, 30

Italy
Church and State
dependance of the Italian Catholic Church on the state as source of income - 2005, 155, 137
display of religious symbols without coercion may offend but doesn't violate rights - 2013, 171, 21
Italian State relations with religious groups & the influence of these groups on state politics - 2004, 152, 44
Constitutional law
religious freedom and State/religious body agreements - 2004, 152, 44
Divorce
referendum to repeal divorce law and its aftermath - 1975, 46/47, 23
reforms of the Civil Code - 1972, 36, 93
Human Rights
court hearing on Jewish holyday so Jewish lawyer couldn't attend, justifiably infringed his rights to provide timely justice (ECHR) - 2012, 168, 140
display of crucifix in state school incompatible with state neutrality & against human rights (ECHR) - 2010, 164, 105; decision reversed so display of crucifix within margin of appreciation for member states to decide (GC) - 2011, 166, 84
estranged parent's rights not infringed by court ruling that in child's best interests not to attend Jehovah's Witness services; domestic court upheld (ECHR) - 2022, 189, 209
gay man refused residence permit to live with partner was discriminated against as could not at that time have legal relationship to be 'family member' (ECHR) - 2016, 177, 225
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
Italy within rights in a democratic society to ban donation of existing embryos for experimentation (ECHR) - 2015, 175, 284
Lautsi case - does display of crucifix in school violate religious freedom? - 2013, 171, 21
same-sex marriages contracted abroad not recognised in Italy; Article 8 violated but civil union status would suffice (ECHR) - 2018, 180, 126
Marriage
marriage reform: notes between the Republic and the Holy See - 1972, 36, 93
Roman Catholic Church
Catholics treated more favourably than other faiths in teaching of religion - 2004, 152, 44
financing of faith communities in Italy: criteria under which finance can be used for each faith community - 2010, 165, 159
financing of faith communities in Italy: problems with benefice system & move to income from taxation & donation - 2010, 165, 159
financing of faith communities in Italy: providing choice to individuals & extending beyond Catholic Church - 2010, 165, 159
maintenance of clergy in the Italian Catholic Church - 2005, 155, 137
relations between Italian State and Catholic Church eg Patti Latteranensi (1929) - 2004, 152, 44
Sociology
religious demography & the impact of social change on religious groups in Italy - 2004, 152, 44
Taxation
income tax percentage to be given to Churches can be legally set by individual EU states (case) - 2010, 165, 236
municipal tax exemption (to churches), European Commission investigate if is illegal state aid - 2010, 165, 159

Jersey
Abortion
'distress', the concept of, in abortion law in Jersey (& France) - 1997, 132/133, 4
Medicine
assisted dying: Jersey's States Assembly agreed 'in principle' to legalising; public engagement put in process - 2022, 188, 67

Kenya
Legal System
influences of customary law, common law and religion - 1990, 104/105, 20

Latin America
Church and State
Latin America's State/Church history & development, religious diversity and legislation - 2009, 162, 62
Education
whether religious education is allowed in schools - 2009, 162, 62
Ethics and morality
conscientious objection: whether allowed in Latin American countries - 2009, 162, 62
European Community
E.C. trade agreements, use of human rights & democracy clauses with - 1995, 126/127, 105
Human Rights
Inter-American Human rights court - 2009, 162, 62
Pact of San José, Costa Rica: instrument for upholding Human Rights in Latin America - 2009, 162, 62
Marriage
civil effects of religious marriage in Latin America - 2009, 162, 62
Roman Catholic Church
religion in the public sphere in Latin American countries e.g religious holidays, conscientious objection - 2009, 162, 62
Vatican Concordats with Latin America still see Church as societas perfecta - 2007, 158, 30
Rule of Law
judicial independence - 1989, 102/103, 30
Taxation
tax exemptions for religious bodies in Latin America - 2009, 162, 62

Latvia
Courts
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Human Rights
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
government should maintain neutrality in internal religious disputes (registered Orthodox breakaway group) (ECHR) - 2009, 163, 190
Hare Krishna prisoner complaining of ridicule & problems observing religious rituals, inadmissible claims (ECHR) - 2012, 168, 126
Hare Krishna prisoner refused permission to have religious items and recordings as these were not on list of allowed items (info. note) - 2012, 169, 272
Jehovah's Witness wanting reimbursement to travel to Poland for surgery without blood transfusion; should member state consider religious beliefs? (EUCEJ) - 2021, 186, 88

Lithuania
Family Law
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Human rights
Jehovah's Witness minister's rights violated by refusing him an alternative to military directed service (ECHR) - 2022, 189, 211
pagan Baltic religious association had rights violated by not being state recognised; state must be neutral (ECHR) - 2021, 187, 165

Macedonia
Human rights
State's refusal to register new religious association, despite their concerns, was violation of Article 9 (ECHR) - 2018, 180, 127

Malta
Constitutional Law
freedom of speech and spiritually dangerous publications - 1968, 19, 80

Mauritius
Constitutional Law
deprivation of constitutionally protected property rights - 1985, 86/87, 50

Melanesia
Ecclesiastical Law
confession, seal of, in Anglican province of Melanesia: part of seven sacraments; seal applies to priest and penitent - 2022, 189, 126

Moldova
Human rights
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
LGBT community NGO banned by government from demonstrating outside parliament did have rights violated (ECHR) - 2012, 169, 271
refusal to register Orthodox church by Regional Council violates Article 9 (ECHR) - 2012, 169, 270
religious rights & freedoms - legal recognition of Churches - 2003, 151, 137
State can't legally refuse to register a religious denomination - 2007, 158, 80
unlawful to fine a person for practising unregistered religion (ECHR) - 2009, 163, 189

Netherlands
Human rights
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Pastafarian wishing to wear a colander on her head in official documents; views didn't have enough cogency for Article 9 to be engaged (ECHR) - 2022, 188, 79
political party holds that Bible excludes women from public office, State can take measures to end this inequality (ECHR) - 2012, 169, 292
Immigration
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association (case) - 2008, 160, 51
Medicine
euthanasia, dangers of the legalisation of - 1999, 140/141, 16

Nepal
Human rights
child from illegal polygamous marriage in Nepal, refused entry to join father in UK, court aims to discourage such marriages & promote gender equality (case) - 2012, 169, 291

New Zealand
Church / State
establishment, different forms of, exemplified in the Anglican Church in New Zealand and Australia - 2012, 168, 62
exorcism, consent to violence during, UK will not consider this as defence, N.Z. will, USA assumes consent if Church member - 2018, 180, 51
Ecclesiastical law
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Legal history
development of legal position of Anglican Church in New Zealand and Australia - 2012, 168, 62

Nigeria
International Law
Cameroon-Nigeria conflict over Bakassi Peninsula - 1997, 132/133, 39
Land Law
land rights of indigenous inhabitants (1921) - 1993, 118/119, 84

Northern Ireland
Abortion
abortion law may be incompatible with Article 8 but legislature has wide margin of appreciation (case) - 2017, 179, 221
clarity, possible lack of, in the practicalities of abortion law - 2011, 166, 5
Department of Health guidance on abortion was partly defective in law and should be reconsidered (SPUC case) - 2010, 164, 109
failure to provide abortion for serious fetal abnormality or in cases of rape / incest incompatible with Human Rights Act 1998; appealed (case) - 2016, 176, 95
Family Planning Association (N.I.) upheld in request for disclosure of government documents on abortion policy formation (case) - 2013, 170, 133
history of abortion law in N.I. including case law - 2011, 166, 5
Human Rights Commission challenged Secretary of State for failure to provide abortion services; ruling that he had failed to comply with his duties (case) - 2022, 188, 101
not available in Northern Ireland and NHS not obliged (under Article 8) to provide it free to non-residents coming to England (case) - 2015, 175, 285
positions of the Irish churches on abortion - 2011, 166, 5
Supreme Court say they would have declared Northern Irish abortion law incompatible with Article 8 if proceedings had been allowed (case) - 2018, 181, 237
women unable to obtain NHS abortions in England, is legal to discriminate due to residence (health services devolved) - later allowed anyway (case) - 2017, 179, 247
Burial
'exceptional circumstances' allowing exhumation not defined in N.I. policy; human rights instead requires a balancing exercise & test of proportionality (case) - 2022, 189, 201
exhumation for reburial: grave owner refusal upheld against wishes of nearest relative; leave to seek judicial review granted (case) - 2022, 189, 201
Charitable Trusts
Charities Act 2013 enacted - 2013, 170, 96
charity registration confused by lack of amendments to statute law - 2011, 167, 80
Church & State
changing influences of the churches after the partition of Ireland - 2002, 149, 118
Constitutional law
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
Good Friday Agreement: background of the Irish struggle - 2001, 146, 67
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
Damages
Equality Commission claims damages against Christian bakers who refused to ice cake in support of same-sex marriage - 2016, 177, 119
Facebook disclosed children's religious affiliation; tort of misuse of private information engaged but damages reduced on appeal (case) - 2017, 179, 236
Education
Church of Ireland & school education, historically changing relationship between - 2002, 149, 118
humanist parents claiming daughter's school RE and worship contravened their rights; appeal held that 'right to withdraw' means no breach (case) - 2024, 193, 194
religious education & worship in schools; challenge to total focus on Christianity and excluding other faiths was upheld (case) - 2022, 189, 197
Emergency powers
in relation to events in Northern Ireland - 1983, 78/79, 78
Employment law
airport baggage handler alleged dismissal due to views against homosexuality; discrimination unproven and temporary contact gave no right to claim - 2017, 179, 234
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
firm vicariously liable for victimisation on grounds of religion or political opinion (case) - 2018, 180, 143
unlawful to discriminate against someone for their beliefs but can for their previous actions e.g. political violence (case) - 2009, 163, 189
Family law
Northern Ireland wrong to fail to comply with House of Lords judgment to not discriminate against the unmarried in adoption cases (case) - 2013, 170, 133; appeal dismissed - 2013, 171, 118
Human rights
Ashers Baking Company directly discriminated on grounds of sexual orientation by refusing to ice cake supporting gay marriage (case) - 2016, 177, 219
Ashers case: facts, court decisions, role of Equality Commission, impact on religious discrimination law - 2018, 181, 156
bakers who refused to make cake in support of gay marriage not protected by proportionality assessment; 2006 Equality Act superior to Articles 9 & 10 or NI Constitution - 2016, 177, 119
case law favouring direct discrimination against bakers not to make cake in support of same-sex marriage; no need for comparator, can elide meaning of message with claimant's identity; correct & proportional? - 2016, 177, 119
Christian baker refusing to bake cake supporting gay marriage guilty of discrimination on grounds of sexual & political orientation; limitation of religious rights lawful (case) - 2015, 175, 274; allowed to appeal as no discrimination, only message objected to (SC) - 2018, 181, 240
detention in Northern Ireland and Republic of South Africa - 1972, 34, 5
direct discrimination on grounds of sexual orientation & political opinion (Court of Appeal upholds) for Christian bakers refusing to ice cake in support of same-sex marriage - 2016, 177, 119
Equality and Human Rights Commission (EHRC) and Northern Irish Counterpart (ECNI) seem to favour gay rights over religious ones - 2018, 181, 156
failure of police to prevent sectarian violence not classed as a failure to prevent degrading treatment (case) - 2009, 163, 180
police took reasonable steps to protect applicants from sectarian violence on way to school (ECHR) - 2011, 166, 91
Jurisprudence
Church of Ireland and the concept of National Church - 2002, 149, 118
pastor's sermon against Islam transmitted on internet was offensive, not criminal (NI case) - 2016, 176, 83
Legal history
Church of Ireland, development of & its relationship to the state - 2002, 149, 118
Marriage
blanket ban on joint adoption by unmarried couples is unlawful (case) - 2008, 161, 134
humanist celebrant can't be prohibited from solemnising a marriage (would breach Articles 9 & 14); can use existing legislation to allow this (case) - 2018, 180, 145; resolved as already permitted under existing legislation (NICA) - 2018, 181, 252
non-recognition of subsisting same-sex marriage does not violate human rights (case) - 2018, 180, 139; on appeal, there was discrimination (but was legitimate then), now subsequent legislation has remedied so appeal dismissed - 2020, 184, 95
same sex couple's rights are not breached by Assembly's refusal to legislate for same sex marriage as some legal recognition did exist (case) - 2017, 179, 229; on appeal, there was discrimination but remedied by subsequent legislation - 2020, 184, 95
Mentally disabled
adult with learning difficulties & Jehovah's Witness mother should have blood products available to preserve life during dental surgery (case) - 2013, 171, 121

Norway
Ecclesiastical law
Church/state relations - 2004, 153, 159
parallels between the Church of England & the Church of Norway - 2004, 153, 157
Education
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Jurisprudence
National Church, future role of: Norwegian issues of sacred texts, rites, places, paths & time - 2004, 153, 159
Norwegian discussion on future relationship between church & state - 2004, 153, 159
Legal history
Church of Norway: brief history of Church/State relationship - 2004, 153, 159

Pakistan
Legal history
blasphemy law, history of - 2003, 150, 37
Marriage
telephone marriage with Pakistan resident (possibly registered there) can't be declared null here, seek remedy in Pakistan (case) - 2011, 167, 114

Poland
Abortion
Poland must give access to prenatal tests as the law allows for abortion in cases of foetal malformation (ECHR) - 2011, 167, 119
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
witholding information and access to abortion from child rape victim (plus removal from mother, lack of confidentiality, degrading treatment) violated rights (ECHR) - 2013, 17, 137
Education
child's rights violated by not being offered ethics class instead of R.E. - 2010, 165, 220
Human Rights
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
blasphemy (anti-Christian) in press interview leading to fine; statement was unlikely to incite religious intolerance so singer's rights violated (ECHR) - 2023, 190, 109
Buddhist in prison has right to vegetarian meals (ECHR) - 2011, 166, 83
development site listed as Jewish Cemetery after purchase thus restricting usage; couple get partial compensation (ECHR) - 2015, 174, 152
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
ruling of European Court that denying abortion could contradict human rights, didn't respect Poland's domestic law - 2007, 158, 81
same-sex couples with no legal recognition or protection of their relationships; Article 8 violated as state hasn't complied with positive obligations (ECHR) - 2024, 192, 99
Matrimonial property
blanket refusal for surviving same-sex partners to suceed to social housing tenancy (as married would) is discrimination - 2010, 165, 226

Republic of Ireland
Abortion
anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
cases (inc. ECHR) on women wanting abortion in Ireland or to travel for one - 2011, 166, 5
challenge to Irish abortion ban; upheld that in cases where mother's life threatened, Ireland's law breaches human rights (ECHR) - 2011,166, 76
EU statements on abortion & supervision of incorporating the X case into Irish law - 2011, 166, 5
history of abortion law in the Republic including case law - 2011, 166, 5
Irish Constitution on abortion, abortion information & travel to other states - 2011, 166, 5
positions of the Irish churches on abortion - 2011, 166, 5
right to life referendum for amendment of the Constitution - 1984, 80/81, 2
unborn child, nature of rights under the constitution - 1978, 58/59, 81
X Case, the rights of the mother and the unborn - 1992, 112/113, 10
Church & State
Church of Ireland, development of and its relationship to the state - 2002, 149, 118
Church of Ireland: legal structure of, types of clerical appointment; need for clarity in employment status of ministers - 2017, 178, 80
changing influences of the churches after the partition of Ireland - 2002, 149, 118
Covid 19 restrictions on Catholic Mass attendance claimed to be unconstitutional; judicial review application ruled as moot as restrictions had ended (case) - 2022, 188, 78
Constitutional law
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
foetus, right to life of the - 1992, 112/113, 10
Good Friday Agreement: background of the Irish struggle - 2001, 146, 67
growth of constitutional jurisprudence - 1983, 78/79, 78
human rights and judicial review of legislation - 1977, 54/55, 94
marital privacy and contraception - 1985, 84/85, 18
natural law foundations of the constitution - 1977, 54/55, 94
protection of unborn written into Irish Constitution; discussion of subsequent amendments included/defeated - 2011, 166, 5
Declaration on Religious Freedom
implications for the Constitution - 1981, 70/71, 71
Divorce
Article 41 of Constitution - 1968, 21, 155
European Convention on Human Rights and the Constitution - 1985, 84/85, 14
recognition of foreign decrees and enforcement of financial orders - 1974, 43, 61
Education
Church of Ireland and school education: historically changing relationship between - 2002, 149, 118
dismissal of Catholic teacher over immoral conduct allowed - 1995, 124/125, 54
Employment Law
clergy: no legal employment status - 2005, 155, 144
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
European Community
Irish accession and its effects in Ireland - 1983, 78/79, 78
Jurisprudence
Church of Ireland and the concept of National Church - 2002, 149, 118
Legal System
developments since 1945 - 1983, 78/79, 78
Marriage
polygamous marriage conducted elsewhere not recognised but may entail rights and obligations (case) - 2017, 179, 233
Welfare State
philosophy and practice since 1945 - 1983, 78/79, 78

Romania
Divorce
divorce case where applicant was Jehovah's Witness, no evidence that this affected outcome (ECHR) - 2011, 167, 112
Human rights
authorities can remove Baptist prisoner's radio-cassette player used for religious purposes as every religious act is not protected (ECHR) - 2013, 170, 108
building previously belonging to Catholic diocese but being sold to tenants after Bishop's claim dismissed, reversal of decision by appeal court violated res judicata and therefore tenant's rights (ECHR) - 2015, 174, 126
covid 19 restrictions: prisoner refused permission to attend external religious services; Article 9 rights not violated (ECHR) - 2023, 190, 94
detention conditions of prisoner violated Article 3 & 8 since authorities failed to show it was necessary to refuse attendance at mother's funeral (ECHR) - 2017, 178, 137
detention conditions violated prisoner's rights but not being able to confess to a priest on a particular day did not (ECHR) - 2014, 173, 219
Government failure to return Catholic property confiscated by Communist Regime violated Church's rights (ECHR) - 2013, 170, 111
Jewish and Muslim prisoners alleging breach of freedom to practise religion failed to exhaust domestic remedies; but Muslim's physical detention conditions breached Article 3 (ECHR) - 2017, 178, 126
ministers of religion convicted for ministering despite being suspended; convictions ruled incompatible with freedom of religion (ECHR) - 2019, 182, 101
muslim prisoner wins case that overcrowding breaches Article 3 rights; inability to practise Islam (Article 9) claim rejected as didn't exhaust domestic remedies (ECHR) - 2015, 175, 296
Orthodox prisoners, degrading treatment upheld but no breach of religious freedom as no evidence for this put forward (ECHR) - 2012, 169, 274
prison authorities violated rights by failing to provide Buddhist prisoner with vegetarian diet (ECHR) - 2014, 172, 104
prison recorded wrong religion for prisoner; correction not required as many years previously and no discrimination alleged (ECHR) - 2021, 186, 69
prisoners who converted to Islam in prison denied dietary changes; Article 9 violated (ECHR) - 2021, 186, 70
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
teacher had endorsement to teach religion removed by Orthodox Church; domestic courts had acted reasonably within their limits, ECHR can't create a new right with no domestic basis so no rights violated (ECHR) - 2024, 192, 100
Marriage
same-sex marriage: lack of any legal form of recognition of relationship violates Article 8 (ECHR) - 2023, 191, 190
Roman Catholic Church
Greek Catholic parish should be given a hearing to allow services in its former property previously confiscated by state (case) - 2010, 165, 232
Greek Catholic Church had property confiscated by Communists; domestic courts eventually restored this but protracted timescale violated Article 6 (ECHR) - 2016, 176, 102
Greek Catholic Church seeking restitution of property given to Orthodox; Article 6 violated (principle of legal certainty infringed) (ECHR) - 2017, 179, 246
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Greek Catholics failed to get restitution of property transferred to Orthodox under Ceausescu; domestic court upheld except on length of proceedings (ECHR) - 2015, 175, 271
Greek Catholic parish should be given a hearing to allow services in its former property previously confiscated by state (case) - 2010, 165, 232
government suppression of Greek Catholic Church and removal of property was against their rights (case) - 2009, 163, 198
State failure to enforce judgment obliging Orthodox parish to allow Greek-Catholics to use their confiscated building breaches Article 6 (case) - 2014, 172, 78

Russia
Human Rights
banning books asserting superiority of Muslim faith was against freedom of expression (ECHR) - 2018, 181, 239
banning gay rights marches violates human rights (ECHR) - 2011, 166, 77
child made to attend Orthodox rite in classroom did not have rights violated but school could have managed it better (ECHR) - 2021, 186, 73
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
conscientious objection to military service, application for civilian alternative lawfully dismissed but is procedure flawed? (ECHR) - 2020, 184, 98
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
dissolution of pentecostal mission / college for regulation breaches should have been dealt with less intrusively - article 9 violated (ECHR) - 2014, 173, 220
ECHR ruling that Russia should legally register the Church of Scientology - 2007, 158, 77
freedom of expression: writer of article critical of Russian Orthodox Church led to prosecution & threat of commital to psychiatric institution, publisher faced dissolution; both applicants had rights violated (ECHR) - 2022, 188, 103
Jehovah's Witness meetings violently disrupted by police; Article 9 breached as no notification of event required & no social need served by the disruption (ECHR) - 2023, 191, 202
Jehovah's Witness premises auth orised to be searched as may be extremist, violated rights as did arresting of member for preaching (ECHR) - 2022, 188, 75
man excluded from re-entry to Russia due to membership of Unification Church has had rights violated (ECHR) - 2009, 163, 193
police violated Article 9 by disrupting peaceful gathering of banned Jehovah's Witness organisation (ECHR) - 2014, 173, 227
refusal to legally register Jehovah's witnesses is unlawful - 2010, 165, 222
refusal to register scientology study group & 6 individuals as religious group violated Article 9 & 11 & failed 'prescribed by law' test (ECHR) - 2015, 174, 132
requiring doctors to disclose when Jehovah's Witnesses refuse blood transfusions violates Article 8 (ECHR) - 2013, 171, 104
same sex couples not allowed to marry to protect traditional family values; ECHR rules Article 8 violated (ECHR) - 2021, 187, 171; Grand Chamber rules State required to provide legal framework (not necessarily marriage) (ECHR) - 2023, 190, 95
Scientology church had rights violated by having literature banned, registration refused and forced dissolution (ECHR) - 2022, 188, 75
Unification church ministers had rights violated by having residence permits revoked (ECHR) - 2022, 188, 77
youtube atheist blogger convicted of incitement to religious hatred; his Article 10 right violated since no 'relevant & sufficient' reasons given for interference with freedom of expression (ECHR) - 2024, 193, 203

Scotland
Abortion
buffer zones outside abortion clinics: proposal to extend legislation to Scotland - 2023, 191, 177
conscientious objection under Abortion Act covers participation in 'hands-on' way, not administrative tasks of ward managers (case) - 2015, 174, 143
midwife supervisors don't have to take part in abortions but must supervise those that do (case) - 2012, 168, 120
ruling that taking abortion pills at home is lawful (case) - 2018, 181, 254
Burial
law on disinterment of coffins; general protection until disintegration complete (case) - 2019, 183, 229
remains from cremation (cremains), disinterment needs court application to determine necessity - permission granted (case) - 2019, 183, 229
Charitable trusts
Catholic adoption agency failed charity test due to 'preferred criteria' disadvantaging same-sex and non-Catholic applicants (case) - 2013, 170, 142; appeal ruled the religious character of the agency should have engaged Article 9 and benefits weighed against disbenefits - 2014, 172, 99
Catholic adoption charity allowed indirect discrimination against same-sex couples due to charity's objects, proportionality & religious exemptions - 2016, 176, 18
Children
cremation ashes of babies and non viable fetuses, report & recommendations on handling - 2014, 173, 145
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
'named person' provision ruled ultra vires due to information sharing not being in accordance with law (case) - 2016, 177, 212
Church & state
Church of Scotland, nature of establishment in the - 2002, 149, 125
Church of Scotland's engagement with society & its structures - 2002, 149, 125
Covid church closure regulations challenged & declared disproportionate by Judicial Review - 2021, 186, 8 and 75
development of post-reformation Church/State relations in Scotland - 170, 2013, 7
reformation much more theological than in England but medieval canon law still persisted; in 1960s Acts had to remove these barriers to female ordination - 2017, 178, 37
Constitutional law
bill to regulate sectarianism at football matches - 2011, 167, 80
devolution Commission and debate on Scotland's place in the Union - 2012, 168, 94
Criminal law
assisted suicide prosecution guidelines alleged unclear; Scottish law deemed different to Purdy case, petition rejected (case) - 2015, 175, 293; law clear as stands (reclaiming motion refused) - 2016, 176, 101
'nobile officium', use of, to fill lacunae - 2008, 160, 13
Ecclesiastical law
breakaway Free Church of Scotland group cannot claim buildings from pre-schism church (case) - 2009, 163, 198; appeal dismissed as new group is not part of original structures - 2011, 167, 122
ecumenism and the stumbling block of episcopacy - 2004, 153, 128
Free Church of Scotland conflicts over use of songs & instrumentals other than psalms / Bible paraphrase in worship - 2012, 169, 157
Free Church of Scotland disciplines Lord Mackay of Clashfern for attending R.C. Mass - 2012, 169, 157
ministers of religion (Free Presbyterian Church of Scotland) are office-holders, not employees, but going to Employment tribunal does not forfeit right to judicial review of church tribunal - 2010, 165, 227
Reformed Church of Scotland: Church governance, description of - 2004, 153, 128
Reformed Church of Scotland: complex analysis of separation of powers in - 2004, 153, 128
Scottish Ecclesiastical tribunals & the Human Rights Act - 2004, 153, 128
Education
certificates of approval for Catholic teachers - 1995, 124/125, 40
Emergency powers
Covid 19 pandemic in UK: Scottish differences in regulations / effect on worship; successful judicial review - 2021, 187, 96
Employment law
atheist teacher was discriminated against by not being given interview for pastoral post in Catholic school - 2009, 163, 142
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180
Church of Scotland treated differently as an employer by Westminster & the EU - 2002, 149, 125
Equitable remedies
equity and law as equivalent in Scotland (as opposed to England) - 2012, 169, 189
Human rights
booking for Billy Graham evangelistic event, cancellation by Glasgow venue due to objections breached Equality Act; all beliefs protected & no business case defence allowed - damages awarded (case) - 2023, 190, 90
Iranian asylum seekers alleging Christian conversion; court disputed genuineness but were wrong to dismiss church evidence (case) - 2018, 181, 257
'naked rambler' arrest was within margin of appreciation (& other counts had domestic remedies available); leave to appeal refused (ECHR) - 2015, 174, 142
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
Jurisprudence
Stair and Blackstone: differing philosophies of law - 2012, 169, 189
Stair's Institutions: Divine law, positive laws from God, human law, principles of law - 2012, 169, 189
Legal history
Stair (Viscount): life and influence on Scottish law and it's formulation - 2012, 169, 189
Stair's Institutions as a milestone in Scottish law development - 2012, 169, 189
Legislation
differences between Scotland and England / Wales regarding death certification e.g. no coroners, different forms; problems with cross-border transfer of bodies - 2015, 175, 227
Scotland's wide ranging review of burial law - 2015, 175, 227
Marriage
calls for same-sex (& perhaps religious) marriage as opposed to civil partnerships - 2009, 163, 166
Kilbrandon Committee Report - 1969, 25, 178
marriage and divorce - 1977, 52/53, 52
Marriage Draft Bill: opt-in for religious bodies; new humanist celebrations - 2013, 170, 96
same-sex: Church of Scotland Act to forbid conducting these marriages, rejected by presbyteries - 2012, 169, 157
Natural justice
Stair (Viscount): the law of Scotland and it's basis in godly Natural Law - 2012, 169, 189
Stair's Institutions: philosophical, theological, scriptural and natural law principles on which Scottish law is built - 2012, 169, 189
Roman Catholic Church
sexual abuse at junior seminary, Catholic priest wins damages from Bishops' Conference of Scotland for this and subsequent laicisation (case) - 2022, 189, 195
sexual abuse of child (historical) at Benedictine boarding school in 1970s; limitation period disapplied for personal injury claim as further proof required to determine trustee vicarious liability (case) - 2022, 188, 83
Unborn child
liability for ante-natal injuries - 1974, 42, 2

Serbia
Human rights
adherents of minority religions should be protected from harm (ECHR) - 2011, 166, 86

Slovakia
Church and State
conditions for recognition of religious organisations in Austria & Slovakia - 2009, 162, 4

South Africa
Criminal Law
compulsion as a defence to murder, in mitigation of sentence - 1982, 72/73, 10
South African attempts at reconciliation, not vengence, after apartheid - 2005, 155, 103
Education
human & civic rights education - 1997, 132/133, 49
Human Rights
civil liberties and the development of their extension - 1984, 80/81, 32
detention without trial - 1972, 34, 5
Unborn Child
nasciturus rule not available in the case of impending abortion - 1984, 80/81, 71

South East Asia
Rule of Law
judicial independence - 1989, 102/103, 44 and 55

Spain
Abortion
current spanish legislation on abortion, changes in practice and proposed law reform - 2009, 163, 127
development of abortion law in Spain and comparison with British systems and attitudes - 2009, 163, 127
doctrine of non-demandability - 1990, 104/105, 55
penal theory in Spain and Germany - 1990, 104/105, 55
Church and State
agreements between Spanish state and religious groups - 2004, 152, 44
cases regarding institutional religious symbols and actions: generally allowed if historical & involving no coercion - 2013, 171, 21
Catholic Church's exemption from property taxes on buildings used for non-religious purposes could be illegal State Aid in EU law (case) - 2017, 179, 230
Spanish and German courts' approach to institutional displays of religious symbols - 2013, 171, 21
Constitutional law
abortion law and the Constitution - 2009, 163, 127
legislation referring to ministers of religion in Spain - 2004, 153, 100
Divorce
theological perspectives - 1981, 70/71, 104
Education
case involving crucifixes in school - ordered removal from public rooms & those classrooms that complained - 2013, 171, 21
comparison of teaching of religion in Spanish & UK state schools (should this be denominational?) - 2007, 158, 54
religious & moral education, parents right to, not fully provided for - 2008, 160, 25
teaching of religion in Spanish state schools, practical problems of - 2007, 158, 54
Employment Law
laicised married priest teaching in school, contract not renewed by Bishop, no rights violated as grounds strictly religious (ECHR) - 2012, 169, 269
ministers of religion in Spain, past registration of and current definitions of - 2004, 153, 100
requisites for ministers of different religions to be included in social security system - 2004, 153, 100
social security law and ministers of religion - legal, contribution & benefits details - 2004, 153, 100
work of ministers of religion generally not regulated by employment law (Spanish case law) - 2004, 153, 100
Human Rights
artist used consecrated hosts in public artwork; ECHR ruled Article 9 application inadmissible as domestic remedies not exhausted (ECHR) - 2024, 192, 88
religious freedom: constitutional recognition not always translated into practice - 2008, 160, 25
religious freedom in Spain - 2004, 152, 44
Land law
company whose Church land purchase was later registered to the Diocese (under old privilege) had ownership & legal rights violated (ECHR) - 2015, 174, 153
Matrimonial property
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Roman Catholic Church
different treatment for Catholic as opposed to other religious groups - 2004, 152, 44
legal situation of Catholics in Spain: agreements, education, funding - 2004, 152, 44
requisites for inclusion of R.C. clergy in Social Security systems - 2004, 153, 100
special status of R.C. ministers of religion relative to other denominations - 2004, 153, 100
special treatment of Catholic religion when providing religious teaching in Spanish state schools (due to treaty) - 2007, 158, 54
Sociology
religious demography, trends and influences in Spain - 2004, 152, 44
Unborn Child
balancing foetal and maternal rights - 2009, 163, 127
Welfare state
ministers of Evangelical Church treated differently from R.C. clergy for state pension service, violates rights (ECHR) - 2012, 168, 129
social security law and ministers of religion - legal, contribution & benefits details - 2004, 153, 100

Sri Lanka
Administrative Law
judicial review through prerogative writs - 1969, 25, 170
Roman Catholic Church
rights & duties in Catholic Church: the Balasuriya affair - 1997, 134/135, 4

Sweden
Crime
rape data (1992) - possible links with pornography - 1995, 126/127, 91
Human rights
Iranian asylum seeker needs assessment of impact of Christian conversion (as well as political past) on his deportation (ECHR) - 2016, 176, 85
Mandean single woman not ruled at risk from deportation to Iraq (ECHR) - 2014, 173, 240; granted Swedish residency so appeal struck out (ECHR) - 2015, 175, 301
midwives refusing to assist in abortions whose job offers were withdrawn had not been discriminated against (ECHR) - 2020, 184, 101

Switzerland
Human rights
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
Constitutional ban on building minarets cannot be challenged unless an applicant is directly affected (ECHR) - 2011, 167, 116
Pakistani Christian convert refused asylum; domestic court should properly investigate his situation & the treatment of converts before he could be returned (ECHR) - 2022, 189, 200
sex education compulsory for primary schoolchildren; mother can't have child exempted under human rights law (ECHR) - 2018, 180, 115
Switzerland allowed to ban public poster campaign advertising illegal cloning services (ECHR) - 2011, 166, 87; no violation of article 10 due to sufficient threat to public morals (GC) - 2012, 169, 283
voluntary euthanasia: lady's rights violated by lack of Swiss legal guidelines on when allowed lethal prescription (ECHR) - 2013, 171, 111

Tanzania
Marriage
formalities under the new uniform law - 1970, 26, 3

Trinidad & Tobago
Constitutional law
'Trinity Cross' award breaches constitutional rights due to Christian connotations (case) - 2009, 163, 196

Turkey
Comparative law
underage sexual intercourse and marriage, English & Turkish law on - 1996, 128/129, 41
Education
exemption from religion classes should be allowed and procedures should respect applicant's convictions - 2008, 160, 53
Human rights
Alevi community suffered unjustifiable religious discrimination by Turkish State (ECHR) - 2016, 177, 213
Alevi meeting house not given free utility bills as the religion not recognised as such; ruling that is a religion so was discrimination (ECHR) - 2015, 174, 133; damages awarded (ECHR) - 2017, 179, 232; discrimination & damages upheld (ECHR)- 2019, 182, 84
arrest for attending memorial service for members of illegal organisation is not foreseeable or 'prescribed by law' (ECHR) - 2015, 174, 141
children must attend course on religious culture & ethics unless Christian or Jewish, breaches Alevi parents' rights to exemption (ECHR) - 2015, 174, 156
children's burial: authorities confiscating bodies (to prevent violent disorder) violated Article 8 (ECHR) - 2018, 181, 235
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
conscientious objection to military reserve service; no alternative offered and imprisoned - Article 9 violated (ECHR) - 2024, 192, 94
conscientious objector treated inhumanely in detention violates Article 3 but not 9 as choice was political not religious - 2016, 177, 209
conscientious objectors on military service, unfair to treat as servicemen under normal military discipline (ECHR) - 2012, 169, 289
conscientious refusal of military service by Jehovah's Witnesses followed by military sentences, violates Article 3, 9 etc in democratic society (ECHR) - 2014, 173, 221
foundation of Seventh Day Adventists, refusal to register for only serving a specific community violates Article 11 (ECHR) - 2019, 182, 81
Jehovah's Witnesses prohibited from worship in private premises; minority groups were discriminated against under Article 9 (ECHR) - 2016, 177, 218
military service for conscientious objectors, no exceptions for and penalties imposed, fail to strike right balance, rights violated (ECHR) - 2012, 169, 289
muslim group are discriminated against by not being allowed to wear distinctive dress in public (case) - 2010, 164, 92
muslim prayers performed in public can be banned by army, but must disclose all documents for fair trial (ECHR) - 2011, 166, 78
parliamentarian prevented from taking the oath due to headscarf is given disproportionate sanction (case) - 2008, 161, 153
refusal of authorities to allow a married women to use only her maiden name, violated Article 14 (ECHR) - 2013, 171, 125
required statement of holder's religion on identity card breaches rights (case) - 2010, 164, 109
treatment & imprisonment of Jehovah's Witness for refusing military service violates rights (ECHR) - 2012, 168, 119
Turkish authorities dissolving a political party is against their human rights (ECHR) - 2011, 166, 80
Immigration
asylum claims on grounds of compulsory military service - 2003, 151, 180
Land Law
authorities can't take Church property without compensation - 2010, 165, 219
refusal to register properties belonging to Orthodox Church violated EU 'peaceful enjoyment of possessions' - 2010, 165, 214
religious property / land, disputed ownership between monastic foundation; claim upheld that property rights infringed under A1P1 (ECHR) - 2024, 192, 95
Matrimonial property
Turkey not obliged to recognise religious (non-civil) marriage for purpose of survivor's benefits (ECHR) - 2011, 166, 98

Uganda
Church / State
archbishop appointment controversy: high court rules that civil courts should not handle religious questions (case) - 2024, 192, 87

Ukraine
Human Rights
canonical allegiance: state should allow parish statute changes - 2007, 159, 160

United States of America
Abortion
developments between 1973-1989 - 1989, 102/103, 6
mother's constitutional rights paramount - 1978, 58/59, 99
review of abortion laws prior to Roe v. Wade - 1974, 42, 19
right of privacy - 1985, 84/85, 34
right to privacy and the Constitution - 1978, 58/59, 99
Roe v. Wade and legal persona of foetus - 1974, 44, 121
Canon Law
marriage and Canon 1014 - 1968, 21, 146
Text of Appendices to Report of Canon Law Society of America - 1970, 27, 46
Children
capital punishment of juveniles - 2006, 156, 24
Church / State
American Church / State separation, examples of - 2009, 162, 4
American Church/State viewpoints, analysis of: Catholic, Separationist, Principled Pluralist, Anabaptist & Social Justice - 2013, 170, 19
American sociology & historically changing religious landscape: protestant to secularist - 2013, 171, 5
Church & State in the Roberts Court: importance of each Justice and their liberal / conservative opinion - 2013, 171, 5
'compelling interest test' in religious freedom cases: changes in U.S. law (RFRA, RLPA, RLUIPA) - 2013, 171, 5
Establishment Clause: strict separation vs non-preferentialism - 2013, 171, 5
exorcism, consent to violence during, UK will not consider this as defence, N.Z. will, USA assumes consent if Church member - 2018, 180, 51
free exercise of religion cases & Establishment Clause cases in U.S. Supreme Court - 2013, 171, 5
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
separation of church and state in the USA; Christian reflections on religious freedom - 2023, 191, 119
Companies
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
contraceptive mandate requires companies to go against the owner's religious beliefs & threatens free political dialogue - 2015, 175, 209
relying on statute law rather than First Amendment to protect religious freedom of a corporation makes protection broader but means Congress can amend - 2015, 175, 209
Comparative Law
capital punishment: different US and UK approaches to legal process - 2006, 156, 24
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
Constitutions & federalism, comparison of, in US and EU - 2005, 155, 87
federalism in the EU & the US Constitutions - 2005, 155, 87
usury laws across Europe and U.S. - 2014, 172, 42
Constitutional Law
capital punishment: interpreting the US Constitution - 2006, 156, 24
Christian education & worship in American state schools, illegality of - 2000, 144, 41
coercion, religious: original & current meaning under Establishment Clause; Free Exercise Clause cases have a lower threshold required - 2023, 191, 119
compelling state interest, concept and application of standards - 1985, 84/85, 34
Constituation of the USA, is it a living document? - 2006, 156, 3
Constitutions & federalism, comparison of, in US and EU - 2005, 155, 87
development of U.S. law on freedom of religion - 2009, 162, 47
Dobbs case in Supreme Court overturned right to abortion (Roe v Wade); are other unenumerated rights such as gay marriage at risk?; - 2023, 190, 8
Dobbs case, privacy cases regarding contraception, inter-racial & gay marriage that could be impacted (Griswold, Loving, Lawrence and Obergefell); or is abortion sharply different since human life ended? - 2023, 190, 8
due process and the framing of the Fourteenth Amendment - 1987, 92/93, 42
failure of the founding fathers, pluralism and Publius' statecraft - 1987, 92/93, 7
federalism, nature and history of - 2005, 155, 87
federalism in the EU & the US Constitutions - 2005, 155, 87
fourteenth amendment and equality before the law - 1991, 110/111, 70
'Hein' case ruled that taxpayers can't challenge expenditure by the executive branch of government - 2013, 171, 5
history; its uses in interpretation and development of law - 1987, 92/93, 27
impeachment of government officials - 1973, 39, 54
individual liberties and erosion of the constitution - 1974, 45, 154
individual rights and the social contract theory - 1978, 58/59, 99
influence of the Magna Carta on US law - 2001, 146, 4
injunctive powers of federal judiciary - 1991, 108/109, 4
interpretation of the Constitution and authors' intentions - 1987, 92/93, 2
J.H. Ely on First Amendment protecting religion but, even without top down approach, if religious people are a minority then still warrant strict scrutiny (Hobby Lobby case can stand even without R.F.R.A.) - 2015, 175, 209
judicial review; basis, nature and extent of powers - 1987, 92/93, 42
judicial usurpation of legislative powers - 1983, 78/79, 87
religious liberty & homosexual rights: Religious Liberty Protection Act (RLPA), predecessor (RFRA) & successor (RLUIPA) - 2020, 185, 110
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
philosophical foundations of the Constitution - 1974, 45, 154
politicisation of the judiciary - 2000, 144, 33
right to privacy; life support systems and religious belief - 1976, 51, 68
rights to privacy; their nature and extent - 1985, 84/85, 34
states, demise of their influence on federal law and policy - 1987, 92/93, 27
unenumerated rights in the US Constitution; the central role of judges in constitutionalising specific rights and resulting issues - 2023, 190, 8
US Constitution: should other institutions, as well as the Supreme Court, play a role in interpreting what are human rights? - 2023, 190, 8
US law protects religions much more than UK law - 2011, 166, 37
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
Courts & Tribunals
cameras in the court room, arguments for and against - 1994, 122/123, 111
capital punishment: procedures & deficiencies of the Appellate Courts - 2006, 156, 24
capital punishment: Supreme Court deliberations on - 2006, 156, 24
Supreme Court: basis, nature and extent of powers of judicial review - 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
Crime
criminal organisation and conditions for its growth - 1979, 60/61, 32
is the Mafia a myth? - 1996, 130/131, 100
organised crime; analysis of reasons for its establishment - 1979, 60/61, 20
rape data - possible links with pornography - 1995, 126/127, 91
Criminal Law
brain-death; judicial and statutory developments - 1986, 90/91, 84
cameras in court affecting the fair outcome of criminal trials - 1994, 122/123, 111
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
capital punishment in the USA - 2006, 156, 24
criminal penalties, theory behind - 1992, 114/115, 95
death, new judicial and statutory definitions - 1986, 90/91, 89
executive clemency, modern and biblical - 1992, 114/115, 109
obscenity; definitions of, and the Roth Rule - 1970, 27, 88
Sawyer brothers case (1973)- incorrect ID causes miscarriage of justice - 1997, 134/135, 42
Vanzetti / Sacco case (1921) - problems with ID evidence - 1997, 134/135, 42
Ecclesiastical law
Christians with strongly held beliefs are a declining, discrete, insular minority in the U.S. so may require legal protection - 2015, 175, 209
confession, seal of, in the Episcopal church, whether seal still upheld in law in light of child abuse cases - 2022, 189, 126
Lutheran Church - Missouri Synod: structure of organisation, internal dispute resolution & major case where ministerial exception upheld - 2012, 169, 210
Education
American & English legal education compared - 1995, 126/127, 120
catholic responses to legal developments - 1974, 42, 19
catholic scholarly tradition, lack of in present century - 1974, 45, 176
Christian content in American state schools, the possibilities for - 2000, 144, 41
Christian education & worship in American state schools, illegality of - 2000, 144, 41
religious education, funding of by government: move from being mostly prohibited in 1940s to sometimes required by Free Exercise Clause - recent case law - 2023, 191, 119
special features of American legal education - 1995, 126/127, 120
Employment law
church autonomy very wide in employment/dismissal of anyone in religious capacity ('ministerial exception') or by religious organisation, but few rights for employees - 2011, 166, 37
freedom of religion: religious employers have wide-ranging exemptions to employment discrimination but will this last? - 2020, 185, 110
law regarding essential services - 1990, 106/107, 48
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
religious communities and employees and the Canon Law - 1986, 90/91, 68
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210; 2013, 171, 5
religious institutions' employment law, US and UK legal, social & definitional differences - 2011, 166, 37
Supreme Court analyses LGBT employment rights in light of Civil Rights Act 1964 & Free Exercise Clause of First Amendment - 2020, 185, 110
Ethics and morality
conjoined twins case: the doctor's decision in a similar American case - 2001, 147, 89
ethical analysis of long-term health care for the elderly - 1986, 90/91, 110
foundation to and erosion of values underpinning the Constitution - 1987, 92/93, 7
role of civil law in relation to private morality - 1976, 51, 45
Roman Catholic influences on legislation - 1976, 51, 45
Human Rights
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
baker refusing to bake a cake for same-sex wedding due to religious beliefs, sanctioned by Colorado but Supreme Court ruled in his favour (case) - 2023, 191, 119
case ruled that 'free speech' doesn't apply to sect erecting monuments on public property - 2013, 171, 5
Christian group discriminated against by not being allowed to fly a flag on City Hall in Boston when other groups were (case) - 2023, 191, 119
Christian Student Society must accept non-Christians or forego public subsidy - 2013, 171, 5
covid restrictions: Supreme Court insists these fall equally on religious and non-religius parties - case law - 2023, 191, 119
difficulties with being a conservative Christian: self-censorship & withdrawal from society; examples of prejudice - 2015, 175, 209
discrimination due to sexual orientation or transgender status, which does 'sex' refer to in Title VII of Civil Rights Act 1964? - 2020, 185, 110
religious freedom, exemptions to guarantee this; historical case law and controversies - 2023, 191, 119
religious freedom upholds respecting historical democratic decisions eg prayers before council meetings (assuming no coercion to participate), Christian monuments (Supreme Court rulings) - 2023, 191, 119
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
slavery: Jefferson's ambivalence in action & the Christian abolition movement - 2007, 158, 4
taxpayer cannot object using establishment clause to government tax credits that may further religious schools - 2013, 171, 5
War Cross memorial erected on federal land not allowed due to Establishment Clause so land transferred to private ownership - 2013, 171, 5
Immigration
U.S. immigration policy - a Biblical Christian view - 1996, 130/131, 84
International Law
legality of involvement in Vietnam war - 1967, 16, 60
Jurisprudence
anti-discrimination & Equality Act in USA: Senate reasoning based on 'textualism' & scope of term 'sex' - 2020, 185, 110
Could U.S. Courts arrive at same decision as Hobby Lobby without using R.F.R.A. (i.e. are Christians a discrete & insular minority?) - 2015, 175, 209
'Footnote Four' proposes that prejudice against discrete & insular minorities may require a higher level of judicial scrutiny for such cases - 2015, 175, 209
'ministerial exception': arguments in favour of & important case law - 2012, 169, 210
Opderbeck, David: theology of law (natural & positive) rooted in scripture & church tradition from reformed perspective; application to practical issues in the USA eg abortion & gay rights - 2022, 189, 157
pursuit of happiness in US law, C.S.Lewis on this as a consequence of natural law - 2024, 192, 51
should U.S. Religious Freedom Restoration Act be replaced by 'narrowly tailored statutes' to reduce number of potential litigants? - 2015, 175, 209
stricter interpretation of religious freedom in State and Statutory cases rather than in Supreme Court cases - 2009, 162, 47
Supreme Court as product & defender of natural law and the English common law tradition: analysis of jurisprudence - 2024, 192, 27
Legal history
federalism, nature and history of - 2005, 155, 87
freedom of religion: development of U.S. case law - 2009, 162, 47
O'Sullivan, Richard, on history & evolution of English common law (& connection to natural law) from William the Conqueror to early U.S. law development - 2024, 192, 27
pardon in American Law, historical understanding of - 1992, 114/115, 109
religious freedom in the Constitution and the courts - 2011, 166, 37
religious freedom under attack around the Millennium, particularly on same-sex & abortion issues, but Supreme Court since 2012 has strengthened religious protections & equality - 2023, 191, 119
slavery: influential figures / steps in the path to abolition - 2007, 158, 4
Supreme Court: examining O'Sullivan's claim that natural law is foundational to common law in three historical periods of the court (as the philosophy of the Jurists changes) - 2024, 192, 27
Legal profession
disclosure and confidentiality - 1986, 90/91, 59
lay attorneys in marriage tribunals - 1968, 21, 140
special character of the American legal profession (compared to UK) - 1995, 126/127, 120
Legislation
U.S. laws regarding usury - 2014, 172, 42
Medicine
brain-death, implications for practitioners - 1986, 90/91, 84
capital punishment: all doctors/nurses refuse to assist in an execution - 2006, 156, 24
care for the elderly, economic and moral considerations - 1986, 90/91, 110
conjoined twins case: the doctor's decision in a similar American case - 2001, 147, 89
consent and refusal of treatment - 1986, 90/91, 89
critique of Wade and Bolton cases - 1974, 42, 33
death, new judicial and statutory definitions - 1986, 90/91, 89
do-not-resuscitate orders - 1986, 90/91, 89
human cloning, law in Europe, UK & USA - 1999, 140/141, 26
medicare laws and rules: legal inadequacies in promulgation & delegation to private companies etc - 2019, 183, 176
medico-legal developments in foregoing treatment - 1986, 90/91, 89
'right-to-die' and recent cases - 1989, 100/101, 58
Natural law
natural law and human rights in U.S. Constitutional texts (Declaration of independence / Constitution) and the Supreme Court - 2024, 192, 27
Philosophy
self-government, pluralism and Publius' statecraft - 1987, 92/93, 7
Taxation
comparative review of EU, UK & US on limits to tax deduction for company interest payments - 2014, 172, 42
Unborn child
claims for pre-natal injury in US, UK & Australia - 1989, 102/103, 68
Welfare State
care for the elderly, economic and moral considerations - 1986, 90/91, 110