God, Religion, and Faith in the Australian Constitution

Copiright Parlament House Canberra

This series develops the theme we were discussing in one of our previous conversations: the normative, interpretative, political, and symbolic role of mentioning God, the Trinity, and other sacraments in secular constitutions. While Nicholas Aroney discusses the historical aspect and legal implications of recognizing God in the Australian Constitution, Alex Deagon explores constitutional identity issues including the symbolic significance of mentioning God in secular constitutions for strengthening political legitimacy and enhancing democracy.

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God and Religion in the Australian Constitution

Nicholas Aroney is a Professor of Constitutional Law at The University of Queensland. He is a Fellow of the Centre for Public, International and Comparative Law, a Research Fellow of Emmanuel College at The University of Queensland, a Fellow of the Centre for Law and Religion at Emory University,and an External Member of the Islam, Law and Modernity research program at Durham University

The Australian Constitution came into force on 1 January 1901. The Constitution gave effect to an agreement among the people of the six self-governing colonies of the Australian continent to form themselves into a federation.

Recognition of God and Religious Freedom

The preamble to the Constitution states, among other things, that the people agreed to unite in a federal commonwealth “humbly relying on the blessing of Almighty God.” When the Constitution was being drafted, several religious groups and denominations had advocated for the recognition of God in the Constitution [1]. Patrick Glynn, an Irish-Catholic delegate from South Australia, was its most articulate supporter. He put the case for a “simple and unsectarian” acknowledgement of God on the basis that religion is an important source of social cohesion. He said:

The stamp of religion is fixed upon the front of our institutions, its letter is impressed upon the book of our lives, and … its spirit, weakened though it may be by the opposing forces of the world, still lifts the pulse of the social organism. It is this, not the iron hand of the law, that is the bond of society; it is this that gives unity and tone to the texture of the whole; it is this, that by subduing the domineering impulses and the reckless passions of the heart, turns discord to harmony, and evolves the law of moral progress out of the clashing purposes of life… [2]

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Fratelli tutti: A Series of Reflections

Dmytro Vovk, Director of the Center for the Rule of Law and Religion Studies at Yaroslav Mudryi National Law University and co-editor of Talk About: Law and Religion

In October 2020, Fratelli tutti, Pope Francis’s new encyclical was released. This 287-paragraph document provides a Catholic perspective on a variety of questions from human dignity and political integration from the lack of public trust and peacemaking to the death penalty and fake news. Talk About: Law and Religion posts a series of theological and philosophical reflections on Fratelli tutti.

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