ABSTRACT
This chapter seeks to establish a workable framework in order to gauge the appropriateness of protection given to the manifestation of religious belief. It aims to support Deryck Beyleveld’s 2011 dialectically contingent argument for the Principle of Generic Consistency (PGC), which has particular force in this context because step two of the dialectically contingent argument is one that is presupposed by English law, particularly the Human Rights Act 1998 /European Convention on Human Rights, and is presupposed by Abrahamic belief. The chapter considers the meta-principles by which the PGC is to be applied and the need to address some matters procedurally and, thereby, apply the PGC indirectly. It aims to develop an understanding of the indirect application of the PGC in recognition that England is not ‘Gewirthia’ and contends that this indirect application can be used to provide appropriate procedures that allow for the balancing of rights, based on religious belief.
