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12 - Religious rights and the public interest

Published online by Cambridge University Press:  05 April 2013

Robin Griffith-Jones
Affiliation:
The Temple Church, London
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Summary

‘Transformative accommodation’: retrospect

Dr Rowan Williams, then Archbishop of Canterbury, aimed in ‘Civil and Religious Law’ ‘to tease out some of the broader issues around the rights of religious groups within a secular state, with a few thoughts about what might be entailed in crafting a just and constructive relationship between Islamic law and the statutory law of the United Kingdom’. It is time to revisit the Archbishop’s own – tentative and provisional – suggestions for the future. Dr Williams drew upon the work of the legal theorist Ayelet Shachar:

It might be possible to think in terms of what [Shachar] calls ‘transformative accommodation’: a scheme in which individuals retain the liberty to choose the jurisdiction under which they will seek to resolve certain carefully specified matters, so that ‘power-holders are forced to compete for the loyalty of their shared constituents’ … Hence ‘transformative accommodation’: both jurisdictional parties may be changed by their encounter over time, and we avoid the sterility of mutually exclusive monopolies. It is uncomfortably true that this introduces into our thinking about law what some would see as a ‘market’ element, a competition for loyalty as Shachar admits.

Type
Chapter
Information
Islam and English Law
Rights, Responsibilities and the Place of Shari'a
, pp. 188 - 204
Publisher: Cambridge University Press
Print publication year: 2013

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References

Reaney v Hereford Diocesan Board of Finance, (2008) 10 Ecc LJ 131
Lautsi v Italy (2012) 54 EHRR 3
Dwyer Hogg, C and Wynne-Jones, J, ‘We want to offer shari‘a law to Britain’, The Daily Telegraph, 20 January 2008.Google Scholar

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