The theological history of Australia’s constitutional separation of church and state provision

Luke Beck

Research output: Chapter in Book / Conference PaperConference Paper

Abstract

![CDATA[Section 116 of Australia’s Constitution states “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.” Section 116 was adopted by the Constitution’s drafters largely in response to petitioning organized by Seventh Day Adventists. The Adventists were worried that the Convention’s acquiescence to the Protestant Council of Churches’ demand for a reference to God in the constitutional preamble would allow the new Federal Parliament to legislate for religious observances. The Adventists also believed that referring to God in the preamble would create the new Australian nation with a definite religious character. My paper explores the theological and legal thinking of the Adventists to explain how they came to believe what, on a strict legal analysis, was absurd.]]
Original languageEnglish
Title of host publicationBorders, Otherness and Public Law: ICON-S Conference, 17-19 June 2016, Humboldt University, Berlin, Germany
PublisherCenter for Global Constitutionalism
Pages178-
Number of pages1
Publication statusPublished - 2016
EventInternational Society of Public Law. Conference -
Duration: 1 Jan 2016 → …

Conference

ConferenceInternational Society of Public Law. Conference
Period1/01/16 → …

Keywords

  • church and state
  • constitutional law
  • Australia

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