LAU44040 Law and Religion

Learning Outcomes

Having successfully completed this module, students should be able to:

• Demonstrate specialised, self-directed knowledge of an area of law through examination of a ‘real-life’ legal research problem or a theme within a research group.
• Collaborate with peers and act in leadership roles.
• Constructively evaluate the work of others.
• Synthesise and evaluate a variety of legal research methods, legal sources, findings and analysis.
• Critically analyse an area of law through independent research.
• Consult with and respond to the needs of research users.
• Effectively communicate research findings.

Module Content

This group provides students with the opportunity to write a research paper on topics at the intersection of law and religion. In approaching this issue, students can choose to focus on Irish law, EU law, the ECHR, international human rights law, or to pursue the comparative study of law in several jurisdictions. Topics can be drawn from diverse fields of law, eg constitutional law on the relationship between religion and the State, or specific issues in areas such as healthcare and education. Amongst the topics that can be explored are:

• Freedom of religion or belief. This can be exercised by individuals and by religious communities. Debates often centre on when it is justified for the law to impose limitations on the manifestation of religious beliefs. Current issues include:
  • Restrictions on the wearing of religious symbols (eg the headscarf).
  • The right to conscientious objection (eg for healthcare providers).
  • Conflicts between religious beliefs, practices and other rights (eg LGBT+ rights).
  • Disputes over the autonomy of religious ethos organisations to manage their own affairs (eg freedom to impose ‘loyalty’ requirements on their employees).
• Freedom of expression. Individuals and religious communities may wish to express religious beliefs with which others will disagree. At the same time, religious individuals and communities can be the subject of hate speech (eg Islamophobia or anti-Semitism). How does the law strike a balance?
• Anti-discrimination law. National and EU law prohibits discrimination on grounds of religion or belief in employment and other areas of life. Often religious believers seek recognition of their diversity (eg time off for religious observance). Should the law require public and private organisations to provide reasonable accommodation for religious practices?

Assessment Details

• Individual Project: 85%
• Group Presentation: 15%
• Reflective Journal: Pass/Fail
• Participation: Pass/Fail