General Right to Conscientious Exemption

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General Right to Conscientious Exemption

Beyond Religious Privilege

Law Laws of specific jurisdictions and specific areas of law Constitutional and administrative law: general

Author: John Adenitire

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Language: English

Published by: Cambridge University Press

Published on: 16th July 2020

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781108807753


Overview of the Book's Argument

The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief.

Defense of the Right

The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy.

Legal Scope of Conscientious Exemption

A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation.

Limitations and Balancing

The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest.

Balancing Rights

The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.

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