LLB203 Study Guide - Final Guide: Ex Rel., Establishment Clause, State Religion
Freedom of Religion
The Commonwealth shall not make any law for establishing any religion, or for imposing any
religious observance, or for prohibiting the free exercise of any religion, and no religious test
shall be required as a qualification for any office or public trust under the Commonwealth
Constitution s 116
Introduction
Section 116 of the Constitution contains four different clauses:
1. The Commonwealth shall not make any law for establishing any religion.
2. The Commonwealth shall not make any law for imposing any religion observance.
3. The Commonwealth shall not make any law for prohibiting the free exercise of religion.
4. No religious test is required as a qualification for any office or public trust under
the Commonwealth.
The first (The No Establishment Clause) and the third (The Free Exercise of
Religion Guarantee) provisions will be considered.
When applying s 116 of the Constitution, consider the following:
Is a law of the Commonwealth involved?
Is a “religion” involved? – support for a religion or church does not violate the no
establishment clause
Has a religion been established?
Has the free exercise of religion been interfered with?
Notes:
The freedom of religion is absolute
S 116 does not apply to the States
Is a law of the Commonwealth involved?
Section 116 of the Constitution does not apply to the Australian States.
Grace Bible Church v Reedman
However s 116 of the Constitution does apply to Australian Territories.
Lamshed v Lake
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Document Summary
The first (the no establishment clause) and the third (the free exercise of. When applying s 116 of the constitution, consider the following: Support for a religion or church does not violate the no establishment clause. S 116 does not apply to the states. Section 116 of the constitution does not apply to the australian states. However s 116 of the constitution does apply to australian territories. The concept of religion has not been defined in the leading cases. Adelaide company of jehovah"s witnesses inc v commonwealth. The mainstream churches gave evidence that the jehovah"s witnesses were not christians but the court accepted without discussion that they followed a. Church of the new faith v commissioner for pay-roll tax. Facts: the court had to interpret a provision of an act exempting religious bodies and decided that the two main elements are: 1) belief in a supernatural being, principle or thing; and 2) belief in some canons of conduct.
