Farrah Ahmed
Biographic Data
| ID | 4974191 |
|---|---|
| NAME | Farrah Ahmed |
| GIVEN NAMES | Farrah |
| FAMILY NAME | Ahmed |
| SIGNATURE | AHMED F |
| AFFILIATIONS | The University of Melbourne |
| ORCID | 0000-0002-9446-5567 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 10 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Arbitrary Power
Arbitrary power is often understood as bearing some kind of relation to tyrannical rule, a relation that is thought to explain why arbitrary power is objectionable. But what is tyrannical rule? What precisely is the relationship between arbitrary power and tyranny? Why (if at all) is arbitrary power objectionable? Arbitrary power, this paper argues, is best understood through the figure of the tyrant. The figure of the tyrant is a caricature with…
Family Matters
John Eekelaar, FBA, is a 'giant of family law', whose unrivalled contribution to the entire breadth of family law scholarship and research has brought many doctrinal, theoretical, empirical and contextual insights to the study of family law and family justice. His world-wide reputation and influence in the field of family law, and the huge body of literature his career of more than 50 years has produced, are celebrated in this collection of essay…
The Delegation Theory of Judicial Review
This paper offers an interpretive theory which aims to make sense of judicial review doctrine in light of its underlying rationale. The idea that administrators are delegates of Parliament or the Crown lies at the heart of this theory. The paper argues that the best internal rationale for judicial review doctrine is that it holds administrators to their moral duties qua delegates of Parliament or the Crown. This rationale closely fits legal doctr…
Personal Autonomy and the Option of Religious Law
The ‘millet’ and ‘personal law’ systems, found in countries such as India, Bangladesh, Sri Lanka, Singapore, Malaysia, and Israel, are long-standing models of state accommodation of religious norms in family law. This article, a work of applied normative legal theory, uses the Indian system of personal laws as a test case to consider the extent to which these modes of accommodation undermine personal autonomy. In particular, it studies the claim,…
The Autonomy Rationale for Religious Freedom
Courts and scholars across jurisdictions increasingly identify personal autonomy as the primary rationale for the right to religious freedom. But there are tensions between autonomy on one hand, and religious belief, practice and proselytism on the other. This paper will focus on two tensions which have unappreciated implications for religious freedom jurisprudence, particularly that of the ECHR. The first tension stems from the resistance of som…
Remedying Personal Law Systems
One-third of the world’s population lives under personal law systems. These systems regulate family matters by applying different ‘personal laws’ – ostensibly based on religious doctrine – to people depending on the religious group with which they are identified. Personal law systems generally raise serious concerns relating to religious freedom, non-discrimination, familial rights and procedural rights. Despite these concerns, complex political …
Religious Freedom under the Personal Law System
The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law sys…
How Religious Arbitration Could Enhance Personal Autonomy
The public debate on religious arbitration often assumes that certain liberal autonomy-based arguments against state recognition of religious arbitration in family law matters are conclusive, ie that religious arbitration necessarily harms personal autonomy. This article challenges that assumption and highlights the autonomy-enhancing potential of religious arbitration. We argue that the state recognition of religious arbitration has the potentia…
The Value of Faith as a Justification for the Protection of Religious Freedom
Commentators on religious freedom disagree on the rationale for its protection. This question of why we protect religious freedom is important because it influences the manner and scope of the protection of religious freedom by the state. The legal philosopher Timothy Macklem argues, in line with some fideistic approaches to the study of religion, that the value of ‘faith’– of belief without reason to believe – justifies the protection of religio…
Religious Freedom under the Personal Law System
The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law sys…
Personal Autonomy and the Option of Religious Law
The ‘millet’ and ‘personal law’ systems, found in countries such as India, Bangladesh, Sri Lanka, Singapore, Malaysia, and Israel, are long-standing models of state accommodation of religious norms in family law. This article, a work of applied normative legal theory, uses the Indian system of personal laws as a test case to consider the extent to which these modes of accommodation undermine personal autonomy. In particular, it studies the claim,…
The Value of Faith as a Justification for the Protection of Religious Freedom
Commentators on religious freedom disagree on the rationale for its protection. This question of why we protect religious freedom is important because it influences the manner and scope of the protection of religious freedom by the state. The legal philosopher Timothy Macklem argues, in line with some fideistic approaches to the study of religion, that the value of ‘faith’– of belief without reason to believe – justifies the protection of religio…
How Religious Arbitration Could Enhance Personal Autonomy
The public debate on religious arbitration often assumes that certain liberal autonomy-based arguments against state recognition of religious arbitration in family law matters are conclusive, ie that religious arbitration necessarily harms personal autonomy. This article challenges that assumption and highlights the autonomy-enhancing potential of religious arbitration. We argue that the state recognition of religious arbitration has the potentia…
Religious Freedom under the Personal Law System
The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law sys…
Remedying Personal Law Systems
One-third of the world’s population lives under personal law systems. These systems regulate family matters by applying different ‘personal laws’ – ostensibly based on religious doctrine – to people depending on the religious group with which they are identified. Personal law systems generally raise serious concerns relating to religious freedom, non-discrimination, familial rights and procedural rights. Despite these concerns, complex political …
The Autonomy Rationale for Religious Freedom
Courts and scholars across jurisdictions increasingly identify personal autonomy as the primary rationale for the right to religious freedom. But there are tensions between autonomy on one hand, and religious belief, practice and proselytism on the other. This paper will focus on two tensions which have unappreciated implications for religious freedom jurisprudence, particularly that of the ECHR. The first tension stems from the resistance of som…
Personal Autonomy and the Option of Religious Law
The ‘millet’ and ‘personal law’ systems, found in countries such as India, Bangladesh, Sri Lanka, Singapore, Malaysia, and Israel, are long-standing models of state accommodation of religious norms in family law. This article, a work of applied normative legal theory, uses the Indian system of personal laws as a test case to consider the extent to which these modes of accommodation undermine personal autonomy. In particular, it studies the claim,…
The Delegation Theory of Judicial Review
This paper offers an interpretive theory which aims to make sense of judicial review doctrine in light of its underlying rationale. The idea that administrators are delegates of Parliament or the Crown lies at the heart of this theory. The paper argues that the best internal rationale for judicial review doctrine is that it holds administrators to their moral duties qua delegates of Parliament or the Crown. This rationale closely fits legal doctr…
Family Matters
John Eekelaar, FBA, is a 'giant of family law', whose unrivalled contribution to the entire breadth of family law scholarship and research has brought many doctrinal, theoretical, empirical and contextual insights to the study of family law and family justice. His world-wide reputation and influence in the field of family law, and the huge body of literature his career of more than 50 years has produced, are celebrated in this collection of essay…
Arbitrary Power
Arbitrary power is often understood as bearing some kind of relation to tyrannical rule, a relation that is thought to explain why arbitrary power is objectionable. But what is tyrannical rule? What precisely is the relationship between arbitrary power and tyranny? Why (if at all) is arbitrary power objectionable? Arbitrary power, this paper argues, is best understood through the figure of the tyrant. The figure of the tyrant is a caricature with…
Political science (9 works) · Law (8 works) · Sociology (8 works) · Autonomy (5 works) · Law (5 works) · Law and economics (5 works) · Religious Freedom and Discrimination (5 works) · American Constitutional Law and Politics (4 works) · Computer Science (4 works) · Multicultural Socio-Legal Studies (4 works)