John Rawls’ idea of public reason holds that comprehensive doctrines including religion should not be allowed a voice in the public square. Such ideas prevent society achieving that ‘overlapping consensus’ which is said to be a requirement for enduring peace and progress. However, the suggestion that some ideas should be excluded from public debate is anti-democratic. This article reviews Rawls’ idea of public reason’ against its US legal context and suggests it was a response to US Supreme Court decisions concerning their First Amendment. Though our framers copied most of that clause into the Australian Constitution, the High Court has interpreted it completely differently. The article concludes that Rawls’ idea of public reason does not f...
In these reflections presented at a Symposium hosted by Duquesne University School of Law on The Fu...
John Rawls famously argued that citizens in a just democracy have a moral duty to ensure that the p...
My thesis seeks to examine John Rawls\u27 concept of public reason as it applies to religion. Wherea...
In this Article, James Madigan examines the role of public reason in a democratic government, includ...
This paper concerns the political theory of public reason in its application to religious freedom is...
his article addresses two aspects of Australia's soft secular government. The first aspect explains ...
This article argues that the reasoning in Attorney-General (Vic) ex rel Black v Commonwealth, the so...
This article addresses two aspects of Australia's soft secular government. The first aspect explains...
The article examines certain key terms, such as “beliefs” and “faith” and how these are understood i...
While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as...
Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large a...
Rawls\u27s “public reason” has not been without its critics. One criticism is that public reason is ...
This article explains the weakness of the argument that religious vilification laws promote harmony ...
There have been a number of attempts to create a constitutional bill of rights in Australia, but all...
The new significance of religion in Australian politics raises serious questions about how our polit...
In these reflections presented at a Symposium hosted by Duquesne University School of Law on The Fu...
John Rawls famously argued that citizens in a just democracy have a moral duty to ensure that the p...
My thesis seeks to examine John Rawls\u27 concept of public reason as it applies to religion. Wherea...
In this Article, James Madigan examines the role of public reason in a democratic government, includ...
This paper concerns the political theory of public reason in its application to religious freedom is...
his article addresses two aspects of Australia's soft secular government. The first aspect explains ...
This article argues that the reasoning in Attorney-General (Vic) ex rel Black v Commonwealth, the so...
This article addresses two aspects of Australia's soft secular government. The first aspect explains...
The article examines certain key terms, such as “beliefs” and “faith” and how these are understood i...
While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as...
Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large a...
Rawls\u27s “public reason” has not been without its critics. One criticism is that public reason is ...
This article explains the weakness of the argument that religious vilification laws promote harmony ...
There have been a number of attempts to create a constitutional bill of rights in Australia, but all...
The new significance of religion in Australian politics raises serious questions about how our polit...
In these reflections presented at a Symposium hosted by Duquesne University School of Law on The Fu...
John Rawls famously argued that citizens in a just democracy have a moral duty to ensure that the p...
My thesis seeks to examine John Rawls\u27 concept of public reason as it applies to religion. Wherea...