Journal article

Operationalizing and regulating religious freedom: Apostasy and administrative "reasonableness" in Malaysia and beyond

Matthew J Nelson, Dian AH Shah

ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW | OXFORD UNIV PRESS | Published : 2018

Abstract

As a fundamental human right, religious freedom is commonly associated with the right to choose or change one's religion (religious self-identification). We use the famous Malaysian case of Muslim-to-Christian convert Lina Joy to examine the operationalization of this freedom-not so much as a negative freedom constraining state power but as a fundamental right tied to administrative procedures underpinning state recognition. From a constitutional perspective, the balance between fundamental rights and administrative power is complex. The legal standards governing administrative procedures for religious conversion vary from country to country and, for our purposes, from state to state even wi..

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University of Melbourne Researchers