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The debate about legal protection of religious freedom has proceeded on the basis that the common law does not afford protection for religious freedom, and so any protection under Australian law will have to be found in legislation.
If there is no protection for religious freedom at common law, then it is important that we consider what kind of protection it should be given in legislation.
If there is some protection for religious freedom at common law, then awareness of this ought to feed into the debate about how religious freedom is best protected by Australian law.
Download Re-evaluating Religious Freedom at Common Law (PDF)
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