Permissible limitations to freedom of religion and belief in Nigeria
The application of permissible limitations to restrict freedom of religion and belief in Nigeria continues to generate debate among scholars. This article applies a socio-legal methodology to analyse the legal rationale that Nigerian courts have used in cases concerning limitations to freedom of rel...
| Subtitles: | Special Issue: Limitations to Freedom of Religion or Belief in Theory and Practice, edited by Nazila Ghanea & Thiago Alves Pinto |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2020
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| In: |
Religion and human rights
Year: 2020, Volume: 15, Issue: 1/2, Pages: 57-76 |
| IxTheo Classification: | AA Study of religion AB Philosophy of religion; criticism of religion; atheism AD Sociology of religion; religious policy KBN Sub-Saharan Africa XA Law ZC Politics in general |
| Further subjects: | B
limitation clauses
B freedom of religion or belief B Nigeria |
| Online Access: |
Volltext (Resolving-System) |
| Summary: | The application of permissible limitations to restrict freedom of religion and belief in Nigeria continues to generate debate among scholars. This article applies a socio-legal methodology to analyse the legal rationale that Nigerian courts have used in cases concerning limitations to freedom of religion or belief. First, the article explores the history of the legal frameworks for the protection of freedom of religion and belief including its limitation in Nigeria. Second, the article analyses Nigerian courts’ interpretation of the concept with specific reference to the legal rational used. Third, the article investigates the application of the proportionality test to balance the regulatory power of the state and citizens’ right to practice their religion. The article engages with case-law on freedom of religion, mostly from High courts and Court of Appeal in Nigeria. The article contains contributions from several scholars, religious groups, public officials, Non-Governmental Organisations obtained through interviews at their various offices. |
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| ISSN: | 1871-0328 |
| Contains: | Enthalten in: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-BJA10009 |