TY - JOUR
T1 - The constitutional prohibition on religious tests
AU - Beck, Luke
PY - 2011
Y1 - 2011
N2 - Section 116 of the Australian Constitution sets out four important guarantees of religious freedom. The fourth clause of that section provides that 'no religious test shall be required as a qualification for any office or public trust under the Commonwealth'. During the Convention Debates, the religious tests clause was described as being the least necessary clause of s 116 on the basis, first, that there were no remaining religious tests in the Australian colonies and, second, that it was outlandish to think that the Commonwealth would ever impose one. This article seeks to explore the meaning of the religious tests clause and refute those two suggestions. It seeks to show that at the time of Federation religious tests remained in the Australian colonies. It also seeks to show that the Commonwealth today, albeit unconstitutionally, requires the satisfaction of religious tests for certain public positions.
AB - Section 116 of the Australian Constitution sets out four important guarantees of religious freedom. The fourth clause of that section provides that 'no religious test shall be required as a qualification for any office or public trust under the Commonwealth'. During the Convention Debates, the religious tests clause was described as being the least necessary clause of s 116 on the basis, first, that there were no remaining religious tests in the Australian colonies and, second, that it was outlandish to think that the Commonwealth would ever impose one. This article seeks to explore the meaning of the religious tests clause and refute those two suggestions. It seeks to show that at the time of Federation religious tests remained in the Australian colonies. It also seeks to show that the Commonwealth today, albeit unconstitutionally, requires the satisfaction of religious tests for certain public positions.
UR - http://handle.uws.edu.au:8081/1959.7/547223
UR - http://www.heinonline.org/HOL/Page?page=323&handle=hein.journals%2Fmulr35&collection=journals339&id=339
M3 - Article
SN - 0025-8938
VL - 35
SP - 323
EP - 352
JO - Melbourne University Law Review
JF - Melbourne University Law Review
IS - 2
ER -