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Man shall not live by bread alone? Freedom of worship, COVID-19 and the Courts

Galimberti, Marco; Pagotto, Tania

Authors

Marco Galimberti

Tania Pagotto



Abstract

This article discusses the application of the proportionality test which the Court of Session in Scotland and the European Court of Human Rights carried out when reviewing the limitations to worship and public gatherings imposed during the COVID-19 pandemic. The article concludes that judges should not use the proportionality standard of review as an avenue to circumvent their duty of neutrality towards religious dogmas.

Journal Article Type Article
Online Publication Date Jan 18, 2024
Publication Date 2024-01
Deposit Date Mar 18, 2024
Publicly Available Date May 3, 2024
Print ISSN 0956-618X
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
Volume 26
Issue 1
Pages 41-55
DOI https://doi.org/10.1017/S0956618X23000509
Keywords article 9 ECHR, judicial restraint, proportionality review, religious neutrality, Scotland
Public URL http://researchrepository.napier.ac.uk/Output/3505312

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