In February 2008, the Archbishop of Canterbury, Dr Rowan Williams, delivered a public lecture in which he stated that it "seem[ed] unavoidable" that certain aspects of Islamic law (Shari'a) would be recognized and incorporated into British law. The comments provoked outrage from sections of the public who viewed any recognition of Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord Chief Justice of England and Wales, weighed into the fray. He praised the Archbishop's speech and gave qualified support for Shari'a principles to govern certain family and civil disputes. Responding to the polarized debate that followed these lectures, this is a collection of short essays written by distinguished and prominent scholars addressing the question of the accommodation of Shari'a within the legal systems of the liberal-democratic West. The matters raised in the two 2008 lectures provide a springboard for lively discussion, criticism and debate on both the specific question of religious/cultural accommodation by the law and the wider issues of multiculturalism, equality before the law and the desirability of parallel jurisdictions for particular faith communities. Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions explore the complex issues surrounding the legal recognition of religious faith in a multicultural society. The volume aims to stimulate further thought on a complex issue, and to open up new pathways for policymakers and civil society institutions grappling with the relationship between Shari'a and Western legal systems.

Shari'a in the West

Ahdar, Rex

Aroney, Nicholas

Foreign & International Law

Oxford University Press

The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed.

Cambridge University Press

The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

The Constitution of the Commonwealth of Australia: History, Principle and Interpretation

Murray, Sarah

Gerangelos, Peter

Stellios, James

Constitutional Law

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