There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions, moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christian response. The prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. The variety of stances the liberal state may take towards organised religions are analysed, and the nature of the guarantees for religious freedom in domestic and international law is explained. The difficult question of precisely when and how far religious liberty should be limited is also considered. This book also deals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, as well as the laws of other jurisdictions such as the US, Canada, South Africa, Australia, and New Zealand.

More than any other area of the British constitution, local government has undergone constant change over the past two decades. The Conservative legislation introducing compulsory competitive tendering, replacing rates with first the community charge and then the council tax, the structural reorganization of local councils (with the creation of unitary authorities), and the increasing emphasis on rights for users of local services have left an enduring legacy. The actions of some local authorities on the municipal left and the New Right have tested the legal limits of local democracy to the full. The new Labour government has initiated further changes with the ‘best value’ regime, the reform of executive structures, and by introducing elected mayors and cabinets in local authorities, and new powers for councils to become ‘community leaders’, working in partnership with other public, private, and voluntary bodies within their areas. Moreover, other aspects of the constitutional reform programme, especially devolution, have substantial implications for local government. This book assesses these and other developments in terms of the underlying questions they raise about the nature of local democracy and its legal recognition. The book considers the competing and legally interlocking claims of local representative democracy, financial accountability, and consumerism, and their implications for the governing structures of local authorities and for local electors, councillors, taxpayers, the users of local services, and council employees. Finally, it asks whether the legal shape and powers of local government fit it for the changing role it is now asked to play.

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In recent years, the clash between supporters of religious liberty and sexual orientation equality legislation has led to repeated battles both in Parliament and the courts. First came the clashes over the scope of exemptions in employment discrimination legislation for religious groups. The UK Regulations dealing with employment discrimination on grounds of sexual orientation give a limited exception for ‘employment for purposes of an organised religion’, which allows an employer to apply a requirement related to sexual orientation to comply with the doctrines of the religion, or to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. A legal challenge brought to the scope of this exception was unsuccessful but, despite that, the exemption has not averted damaging findings of discrimination against the Church of England. The Bishop of Hereford was held to have discriminated unlawfully in blocking the appointment of a practising homosexual to a youth-officer post within the Church of England. The partial success of religious groups in achieving exemption was followed by defeat in the equivalent regulations dealing with discrimination in goods and services, made under the Equality Act 2006, despite the claims of Catholic adoption agencies that they would rather close than place children with same-sex couples.