not make any law for establishing any religion, or for imposing ‘shall 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’ A wide range of factors have been interpreted for this section including what – constitutes a religion and what is the exercise’ of a religion. ‘free Establishment of a Religion is no established’ religion in Australia and the ‘official establishment a new religion has been approached with strict narrowness by the HCA. (1981) 146 Attorney-General (Vic) v Commonwealth CLR 559 stated the Commonwealth cannot support – any one religion. Prohibiting Free Exercise No law can be anti-religious Law cannot be anti-religious – such that it is considered overt. The law must actually inhibit the freedom to Overt – practice religion. In case, Starke J stated at 155 Jehovah’s Witness liberty and freedom of religion guaranteed and ‘the protected by the constitution is subject to limitations which it is the function and the duty of Courts to expound’ Freedom of Communication (next page) Freedom of Communication Definition –
‘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’ A wide range of factors have been interpreted for this section – including what constitutes a religion and what is the ‘free exercise’ of a religion. Establishment of a Religion is no ‘official established’ religion in Australia and the establishment a new religion has been approached with strict narrowness by the HCA. Attorney-General (Vic) v Commonwealth (1981) 146 CLR 559 – stated the Commonwealth cannot support any one religion. Prohibiting Free Exercise Law cannot be anti-religious – No law can be anti-religious such that it is considered overt. Overt – The law must actually inhibit the freedom to practice religion. In Jehovah’s Witness case, Starke J stated at 155 ‘the liberty and freedom of religion guaranteed and protected by the constitution is subject to limitations which it is the function and the duty of Courts to expound’ Freedom of Communication (next page) Freedom of Communication Definition –
Constitutional_Notes.docx