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.
Galimberti, M., Pagotto, T. (2024). Man shall not live by bread alone? Freedom of worship, Covid-19 and the Courts. ECCLESIASTICAL LAW JOURNAL, 26(1 ( January 2024)), 41-55 [10.1017/S0956618X23000509].
Man shall not live by bread alone? Freedom of worship, Covid-19 and the Courts
Galimberti, M;Pagotto, T
2024
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.
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