Religion and Faith in UK Law

Leading Cases
  • R (Williamson) v Secretary of State for Education & Employment
    • Queen's Bench Division (Administrative Court)
    • 15 November 2001

    (ii) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

  • R (Begum) v Governors of Denbigh High School
    • Court of Appeal (Civil Division)
    • 02 March 2005

    I turn now to the third question. For the purposes of this case, SB's freedom to manifest her religion or beliefs may only be subject to limitations that are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public morals, or for the protection of the rights and freedoms of others.

  • R (Williamson) v Secretary of State for Education & Employment
    • House of Lords
    • 24 February 2005

    But, emphatically, it is not for the court to embark on an inquiry into the asserted belief and judge its 'validity' by some objective standard such as the source material upon which the claimant founds his belief or the orthodox teaching of the religion in question or the extent to which the claimant's belief conforms to or differs from the views of others professing the same religion. Freedom of religion protects the subjective belief of an individual.

  • R (Begum) v Governors of Denbigh High School
    • Queen's Bench Division (Administrative Court)
    • 15 June 2004

    The evidence adduced on behalf of the Defendant, which I have set out above extensively, clearly establishes that the school uniform policy promotes a positive ethos and a sense of communal identity. Furthermore, it is clear from the evidence that there are a not insignificant number of Muslim female pupils at Denbigh High School who do not wish to wear the jilbab and either do, or will, feel pressure on them either from inside or outside the school.

  • Islington London Borough Council v Ladele (Liberty Intervening)
    • Court of Appeal (Civil Division)
    • 15 December 2009

    However, even assuming that argument could be run here, it appears to me that the fact that Ms Ladele's refusal to perform civil partnerships was based on her religious view of marriage could not justify the conclusion that Islington should not be allowed to implement its aim to the full, namely that all registrars should perform civil partnerships as part of its Dignity for All policy.

    This appears to me to support the view that Ms Ladele's proper and genuine desire to have her religious views relating to marriage respected should not be permitted to override Islington's concern to ensure that all its registrars manifest equal respect for the homosexual community as for the heterosexual community. This assessment of the assistance to be obtained from article 9 in the present case is reinforced if one looks a little more closely at decisions of the Strasbourg court.

  • Gilmour v Coats
    • House of Lords
    • 08 April 1949

    Here is something which is manifestly not susceptible of proof. But, then it is said, this is a matter not of proof but of belief: for the value of intercessory prayer is a tenet of the Catholic faith, therefore in such prayer there is benefit to the community. The faithful must embrace their faith believing where they cannot prove: the Court can act only on proof.

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Legislation
  • The Employment Equality (Religion or Belief) Regulations 2003
    • UK Non-devolved
    • Wednesday January 01, 2003
  • Equality Act 2010
    • UK Non-devolved
    • Friday January 01, 2010
    ... ... race; religion or belief; ... evidence or information is given, or the allegation is made, in bad faith. (4) ... ...
  • Human Rights Act 1998
    • UK Non-devolved
    • Thursday January 01, 1998
    ... ... proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than— ... 13: Freedom of thought, conscience and religion ... (1) ... ...
  • Companies Act 1867
    • UK Non-devolved
    • Tuesday January 01, 1867
    ... ... it is formed for the Purpose of promoting Commerce, Art, Science, Religion, Charity, or any other useful Object, and that it is the Intention of such ... the same, as regards any Person taking Shares in the Company on the Faith of such Prospectus, unless he shall have had Notice of such Contract ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Minister Of Religion Visa: Guidance For Religious Organisations
    • Mondaq UK
    ... ... religious organisation seeking to sponsor a minister of religion ... must show that it: ... is the structure for a faith-based community with a shared ... system of belief and spiritual goals, codes of behaviour and ... religious practice, which exists to support and/or ... ...
  • Minister Of Religion Visa: Guidance For Religious Organisations
    • Mondaq UK
    ... ... religious organisation seeking to sponsor a minister of religion ... must show that it: ... is the structure for a faith-based community with a shared ... system of belief and spiritual goals, codes of behaviour and ... religious practice, which exists to support and/or ... ...
  • Dress Codes Relating To Wearing Signs Of Religious Belief Considered By The Advocate General
    • Mondaq UK
    ... ... was discriminatory on the grounds of religion or belief. The German ... courts asked the ECJ to consider, amongst other ... regardless of their faith. Rather than specifying that individuals ... of a particular religion ... ...
  • Keeping Faith
    • Mondaq United Kingdom
    ... ... The definitions included in the Employment Equality (Religion or Belief) Regulations are wide and it is not immediately clear what might count as "religion" or "religious belief" and what other types of belief ... ...
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