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Principles, pragmatism and power: Another look at the historical context of Section 116

journal contribution
posted on 2020-01-01, 00:00 authored by Alex Deagon, Ben SaundersBen Saunders
This article examines the historical and theological background to the recognition of God in the Preamble to the Australian Constitution and the insertion of s 116. We challenge the account of that context, and the implications for the understanding of s 116, presented in Luke Beck’s recent work Religious Freedom and the Australian Constitution: Origins and Future. We argue that the campaign for constitutional recognition was driven by deep theological convictions about the role of religion in public life, not power. Further, contemporaries did not believe in a separation of religion and state and were not, for the most part, suspicious of the influence of religion. Section 116 therefore cannot be plausibly understood as intended to establish a separation between
religion and the state, or as being intended to guard against the influence of religion.

History

Journal

Melbourne University Law Review

Volume

43

Issue

3

Pagination

1033 - 1068

Publisher

Melbourne University Law Review

Location

Melbourne, VIc.

ISSN

1839-3810

eISSN

1839-3810

Language

eng

Publication classification

C1 Refereed article in a scholarly journal; C Journal article

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