NEWS

The constitution is supreme, not religion

Tommy Thomas

Published
Modified 24 Oct 2013, 3:38 am

COMMENT A simple way to illustrate the point that the measure of protection given in the federal constitution may be absolute or limited is to compare the language employed in Articles 10 and 11.

Article 10 protects freedom of speech, assembly and association. But Parliament may, by law, restrict the rights under Article 10, whereas Parliament cannot enact any law to restrict or curtail the freedom of religion under Article 11(1) and (3).

This difference in text between Articles 10 and 11 means that persons who belong to, say, a chess club or a sports association, would come within the purview of Article 10, while members of a religious group would come within the scope of Article 11.

Because Article 11 is drafted in much broader terms than Article 10, members of religious groups enjoy a far greater measure of constitutional protection than members of a chess club or a sports association...

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