Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice (Constitutionalism in Asia) - Softcover

Li-ann Thio; Jaclyn L Neo

Softcover

ISBN 10: 1509946039 ISBN 13: 9781509946037

Publisher: Hart Publishing, 2022

Synopsis

This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.

Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.

About this title

About the Authors

Li-ann Thio is Professor of Law (Provost's Chair) at the National University of Singapore and a former Nominated Member of the Singapore Parliament (Eleventh Session).

Jaclyn L Neo is Associate Professor at the Faculty of Law at the National University of Singapore.

Edition details

• Publisher: Hart Publishing
• Publication date: 2022
• Language: English
• ISBN 10: 1509946039
• ISBN 13: 9781509946037
• Binding: Paperback
• Edition number: 1
• Number of pages: 480
• Editor: Li-ann Thio, Jaclyn L Neo