Now showing items 1-13 of 13

  • The Abolition of the Group Boycott Prohibition from New Zealand Competition Law 

    Ahdar, Rex
    New Zealand competition law’s per se prohibition upon group boycotts (contracts, arrangements or understandings containing an exclusionary provision), s 29 of the Commerce Act 1986, is destined for the scrap heap. Proponents ...
  • The Accommodation of the Shari'a within Western Legal Systems 

    Ahdar, Rex; Aroney, Nicholas
    Most Western countries today are grappling with the question whether Islamic law, the Shari’a, should somehow be recognized and incorporated into their domestic legal systems. The issue is highly complex and controversial, ...
  • The Case Against Euthanasia and Assisted Suicide 

    Ahdar, Rex
    The arguments in favour of legalising voluntary euthanasia and doctor-assisted suicide initially appear convincing. We should, it is said, respect people’s autonomy, euthanasia is a compassionate response to unbearable ...
  • Charity Begins at the Politically Correct Home? The Family First Case 

    Ahdar, Rex
    Is advancing the traditional or nuclear family a non-charitable purpose? Is it “controversial” and impermissibly political “propaganda” in the 21st century to advocate the two-parent, opposite-sex, married couple as the ...
  • Companies as Religious Liberty Claimants 

    Ahdar, Rex
    Can a company bring a claim alleging that its religious freedom has been violated? Some recent authority suggests ‘yes’, at least insofar as the company is a one-person company or a closely held corporation. This article ...
  • Indigenous Spiritual Concerns and the Secular State: Some New Zealand Developments 

    Ahdar, Rex
    This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of ...
  • Is Freedom of Conscience Superior to Freedom of Religion? 

    Ahdar, Rex
    This essay explores whether claims that would otherwise be brought as religious liberty infringements are better reformulated and brought as violations of the right to freedom of conscience. Is there greater 'traction' for ...
  • Is Secularism Neutral? 

    Ahdar, Rex
    This article argues that secularism is not neutral. Secularization is a process, the secular state is a structure, whereas secularism is a political philosophy. Secularism takes two main forms: first, a “benevolent” ...
  • Post‐Secularism and the European Court of Human Rights: Or How God Never Really Went Away 

    Ahdar, Rex
    This article analyses the critical yet elusive notions of state neutrality, secularism and religious coercion under the European Convention in light of the European Court of Human Rights recent decision in Lautsi v Italy. ...
  • A Real Threat or a Mere Shadow? School Chaplaincy Programs and the Secular State 

    Ahdar, Rex
    Williams v Commonwealth is an important decision for many reasons. In this article I shall focus on the broader normative arguments concerning state-funded chaplains, specifically those in public schools. I will address ...
  • Regulating Religious Coercion 

    Ahdar, Rex
    This Article examines the nature and regulation of religious coercion. Direct religious coercion denotes situations where the government expressly applies sanctions to ensure conformity with religious goals. Indirect ...
  • Solemnisation of Same-Sex Marriage and Religious Freedom 

    Ahdar, Rex
    Same-sex marriage is legal or likely to be legalized in many Western nations. One important safeguard invariably incorporated in the legislation providing for same-sex marriage has been an exemption for religious ministers ...
  • The Topography of Shari’a in the Western Political Landscape 

    Ahdar, Rex; Aroney, Nicholas
    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 ...