Lock, Tobias (2013) Religious Freedom and Belief Discrimination in Germany and the United Kingdom. European Law Review, 38 (5). pp. 655-676. ISSN 0307-5400
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Abstract
This article compares how two closely related remedies, freedom of religion and the belief
discrimination, are applied by domestic courts in the United Kingdom and Germany. It concludes
that the current practice of the courts in these two countries differs considerably and questions why
that is so given that the courts in both countries operate under essentially the same European legal
framework determined by the ECHR and the EU law. It is suggested that decision‐making by
domestic courts is still influenced by traditional domestic remedies and that domestic courts seem to
find it difficult to adapt to new remedies. The article then gauges the potential for a common
European approach, which, while theoretically possible, is unlikely to be triggered by either of the
two European courts. This is because cases dealing with religion often touch on core constitutional
values, which both courts usually respect.
Item Type: | Article |
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Keywords: | Religious Freedom; Belief Discrimination; Germany; United Kingdom; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 11838 |
Depositing User: | Tobias Lock |
Date Deposited: | 22 Nov 2019 16:41 |
Journal or Publication Title: | European Law Review |
Publisher: | Sweet and Maxwell |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/11838 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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