The role of the church in developing the law.
The church and other community organisations have a legitimate role to play in influencing public policy. However, intervention by the church and other religious bodies in recent litigation in Australia and the United Kingdom raises questions about the appropriateness of such bodies being permitted to intervene directly in the court process as amici curiae. We argue that there are dangers in such bodies insinuating their doctrine under the guise of legal argument in civil proceedings, but find it difficult to enunciate a principled distinction between doctrine and legal argument. We advise that judges should exercise caution in dealing with amicus submissions.
Skene
L
L
Faculty of Law, Faculty of Medicine, Dentistry and Health Sciences and Centre for Applied Philosophy and Public Ethics (CAPPE), University of Melbourne, Parkville, Victoria, Australia.
Parker
M
M
D001315:Australia; D002410:Catholicism; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D019976:Cloning, Organism / Q000331:legislation & jurisprudence; D018864:Cultural Diversity; D004989:Ethics; D005193:Family Planning Services / Q000331:legislation & jurisprudence; D006801:Humans; D007603:Jurisprudence; D008119:Lobbying; D011050:Policy Making; D011640:Public Policy; D012068:Religion and Medicine; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence; D012380:Role; D006113:United Kingdom
Analytical Approach; Bioethics and Professional Ethics; Legal Approach; Religious Approach