ABSTRACT

All jurisdictions could also broadly be described as secular. Across Australia's history there have been numerous recommendations and attempts to introduce a national Bill or Charter of Rights. Without a national Bill or Charter of Rights those claiming a violation of their rights must look to other avenues in order to protect their human rights, including freedom of religion. As a secular western democracy Australia has much in common with other predominantly English speaking common law countries. Cases involving issues relating to the interaction of the State and religion, including freedom of religion, have been no different. Unlike other jurisdictions, cases concerning the wearing of the Islamic face veil in Australia have not needed to balance freedom of religion with other fundamental rights and freedoms. An example of the impact a lack of a Bill of Rights has had on freedom of religion debates in the Australian debate surrounding the legalization of same-sex marriage in Australia.