Constitutions and Religion

Brimshack · #1 5th July 2002, 06:03 AM

Since we Americans have been boring everybody else to tears over the Constitutionality of our Pledge (sorry Kiwimac), I thought I'd ask how other Nations have approached this issue. I am particularly interested in what other written Constitutions have to say about this subject?

Gerry · #2 5th July 2002, 09:19 AM

Gee Brim, are you THAT bored? Bummer!

Mallory Knox · #3 5th July 2002, 01:33 PM

We're pretty much the same thing.

Fundamental Freedoms

2 Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other means of cmmunication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

 

But then, we also have laws like:

Minority Language Education Rights

23(1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province.

 

Which is completely [bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse].

 

Brimshack · #4 5th July 2002, 05:36 PM

Not bored Gerry, just boring. This is just the sort of thing I'd love to know more about. (I know, that pretty much makes me a geek doesn't it?)

Mallory, is there anything comparable to the establishment clause in there? …I'm guessing not, and that the C of E still enjoys a technical endorsement from the state, right? Are there any interesting recurrent spats over religiious freedoms, or is that something peculiar to your Southern neighbors?

kiwimac · #5 5th July 2002, 05:58 PM

Brim,

The NZ Bill of Rights says:

13. Freedom of thought, conscience, and religion---

Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference

And

15. Manifestation of religion and belief---

Every person has the right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with others,
and either in public or in private.

Thats about it but as an addendum, Maori, as well as English are the official languages here. To help folk to learn Maori, "Language Nests", (Kura Kaupapa Maori) have been set up which take pre-schoolers, of any nationality, and begin the training process.

Kiwimac

Brimshack · #6 5th July 2002, 06:28 PM

Interesting Kiwimac. I like the fact that it mentions practice in addition to belief. In America freedom of religion has at times been reduced to the freedom to believe (which would already be covered by the free speech clause) without any corresponding rite to practce. Still curious about an establishment clause, or is the C of E the official state church after all?

I'll bet Maori is an interesting language.

RedBurn · #7 5th July 2002, 08:23 PM

Brimshack,
The relevant part of the Canadian Charter of Rights and Freedoms is; freedom of conscience and religion
This particular bit of our constitution has been used to prevent the recitation of the Lord's Prayer in Schools, Town Hall meetings, Parliament etc.
Kind of like the establishment clause i imagine. Prevents state endorsement of religion.
There is no official religion in Canada.

Brimshack · #8 5th July 2002, 08:35 PM

Thanks Red. It's interesting that non-establishment principles can be derived from that phrase. In America that would hardly be enough to garuntee free exercise, much less prevent establishment. I'm glad i was wrong about the C of E being officially sanctaioned.

Mallory Knox · #9 6th July 2002, 06:44 PM

Originally posted by Brimshack
Not bored Gerry, just boring. This is just the sort of thing I'd love to know more about. (I know, that pretty much makes me a geek doesn't it?)

Mallory, is there anything comparable to the establishment clause in there? …I'm guessing not, and that the C of E still enjoys a technical endorsement from the state, right? Are there any interesting recurrent spats over religiious freedoms, or is that something peculiar to your Southern neighbors?

No, we're too busy fighting over the language laws.

TheBear · #10 9th July 2002, 12:56 AM

John Adams -U. S. Constitution Made For Moral People

"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."

---- John Adams, October 11, 1798, Address to the military