ABSTRACT
This chapter explores the suite of characteristics which define the modern Constitution and the wider legal framework as religious. It focuses on the conception of the juridical system in relation to religion, presenting a new analytical model – 'the Russian Doll' paradigm. The chapter discusses how this operates in practice within the three nations: England, Wales and Scotland under consideration, with particular emphasis on the positive treatment by the legal system as a whole of 'religion' as a phenomenon. It considers the limitations of the positivity, and how faith-based rights and interests are balanced against other societal needs and objectives, as well as setting out some of the most prominent criticisms of the current framework. The chapter also explores a significant number of instances where different areas of the legal framework for instance, family law, education law, criminal law, property law, employment law, equality law, contract and tort to facilitate the practice of religion.
