major_clanger: Clangers (Royal Mail stamp) (Legal Clanger)
[personal profile] major_clanger
The relationship between Islamic and English law is in the news again; a few months ago, I got rather unhappy at reported comments by the Archbishop of Canterbury on this topic, comments that subsequently turned out to have been quoted badly out of context. This is a good example of why I should follow my own advice to always go to the source for stories on law, especially in contentious areas, so I've got no excuse for not attending this event in person:

Islam in English Law: Free Speech or Incitement to Religious Hatred - Where Should We Draw the Line?
With Prof Tariq Modood, Geoffrey Robertson QC and Albie Sachs.

It's next Wednesday from 6 to 7.30pm in the Temple Church, which is just south of where Fleet Street becomes the Strand. Admission is free to students and academics, £10 otherwise; you can apply for tickets (you still have to do this even for free ones) here. Anyone interested in joining me?

Date: 2008-07-04 09:01 am (UTC)
From: [identity profile] fjm.livejournal.com
I can't make it but have fun.

The whole thing is specious of course: Church and Rabbinical law have been running alongside state law for a couple of thousand years in this country. Until the 1920s there was also University Law, and most professional bodies are of course quasi legal organisations whose decisions the community agrees to abide by.

Date: 2008-07-04 09:17 am (UTC)
From: [identity profile] http://users.livejournal.com/la_marquise_de_/
You have remembered that we're going to the oOpyright and Free Speech thing on Mon, yes?

Date: 2008-07-04 11:27 am (UTC)
From: [identity profile] major-clanger.livejournal.com
(That's weird- I thought I'd replied to this earlier.)

Yes, it's in the diary iPhone. See you there!

Date: 2008-07-04 11:34 am (UTC)
From: [identity profile] major-clanger.livejournal.com
True, the Court of Appeal acts as an appellate review court not just for the lower courts but also numerous tribunals and other regulatory bodies including, as you say, religious courts. However, my understanding of the question behind this event is that it is concerned with issues where the English legal system has to address not the procedural propriety of such a body's decision, but its conflict with English (or indeed European Human Rights) law.

What happens when the Court of Appeal looks at, say, a local government policy made on the basis of a rabbinical law decision and says that the underlying decision was perfectly valid in rabbinical law, but the resulting policy contravenes the Human Rights Act?

Date: 2008-07-04 12:17 pm (UTC)
ext_15862: (Default)
From: [identity profile] watervole.livejournal.com
I'm tempted, (long standing interest in Islamic Law), but that's £10 plus rail fare from Dorset, so probably not.

Date: 2008-07-05 07:17 am (UTC)
From: [identity profile] fjm.livejournal.com
The HRA stands. The conflict you describe was settled in 1688.

Date: 2008-07-05 07:41 am (UTC)
From: [identity profile] major-clanger.livejournal.com
Except that many people still don't see it as a settled issue; your answer is strictly right in a legal sense but there is significant and growing pressure for the civil law to accomodate religious positions. I am unhappy about this but it is an issue - the Inns of Court would hardly be getting senior legal and religious figures to discuss it otherwise.

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major_clanger: Clangers (Royal Mail stamp) (Default)
Simon Bradshaw

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