The Theological Underpinnings of Australia's Constitutional Separation of Church and State Provision

Abstract

The Australian Constitution contains two provisions concerning religion: a reference to “Almighty God” in the preamble and a provision denying the Federal Parliament power to legislate in respect of religion. The inclusion of those two provisions by the National Australasian Convention, which met from 1897 to 1898 to draft the Australian Constitution, was in large measure a result of political campaigns undertaken by competing religious groups. The first group, the Councils of Churches in each colony representing the main Protestant denominations, agitated for a constitutional “recognition” of God. The second group, the Seventh Day Adventists, campaigned against any constitutional recognition of God and for the inclusion of a provision limiting the Federal Government's power in respect of religion. The Adventists held fears that constitutional “recognition” of God would empower the federal parliament to pass nation‐wide Sunday observance laws. This article explores the theological and legal thinking of the Seventh Day Adventists to explain how they came to believe what, on a strict legal analysis, was highly implausible.

Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116

“…He describes section 116 as 'a provision separating religion and government' 138 and 'the separation of religion and government provision of the Australian Constitution'; 139 he also writes that section 116 'appears to be a secular separation of religion and state constitutional provision'. 140 In an earlier article Beck argued that the practice of parliamentary prayers 'contradicts the received wisdom that Australia's system of government is secular and religiously neutral'. 141 He argues that section 116 should not be interpreted narrowly, and, as noted above, he argues for a broader interpretation of the establishment clause, which would result in further limiting the power of the Commonwealth in relation to religion.…”