Religious Confession Privilege and the Common Law
Does religious confession privilege exist at common law? Most evidence law texts answer no . This analysis shows that most of the cases relied upon for the no religious confession privilege conclusion are not authority for that conclusion. The origin of the privilege in the canon law in the first millennium AD is traced and its reception into common law is documented. Proof that religious confession privilege continues unbroken at common law through to the present day is of obvious importance in jurisdictions where there is no relevant statute. A correct understanding of the common law extant before statutes were passed will influence whether those statutes are broadly or narrowly interpreted. The book also brings the reader up to date on the state of religious confession privilege in the United States, Canada, England, Wales, Scotland, Ireland, Australia, New Zealand and South Africa.
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Review of Religious Confession Privilege in Early Evidence Texts
Religious Confession Privilege in Historical Context
Religious Confession and Privilege in Canon Law
Religious Confession Privilege at Common Law From the Seventeenth to the Twentieth Century
Religious Communications Privilege at Common Law
Theories About the Extinction of Religious Confession Privilege
Religious Confession Privilege at Common Law in Australia
Religious Confession Privilege in the United States
Chapter Ten Religious Confession Privilege in Canada and New Zealand
Chapter Eleven Religious Confession Privilege in South Africa
Chapter Twelve Policy Should There Be a Religious Confession Privilege?
Religious Confession Privilege at Common Law in the United Kingdom and Ireland
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46 NSWLR Anglican argument Australia authority Barré v Livette benefit of clergy Bursell Butterworths canon law Catholic century church cited clergyman Coke Coke’s common law compelling confession privilege statute confessional confidential communications confidential religious communications considered Constitution Court of Appeal criminal decision disclose disclosure ecclesiastical England English Evidence Act evidence law existence of religious favour free exercise freedom of religion Gilham gious confession privilege Gruenke Henry VIII High Court Holdsworth human rights Ibid Idem interpretation judgement judges judicial jurisdictions Justice King’s Kurtscheid L’Heureux-Dubé Law of Evidence legal professional privilege lege legislation London Lord Lord Denning Normanshaw NSPCC obiter ofEvidence ofthe op cit priest priest-penitent priest-penitent privilege privilege at common protected public interest immunity reason recognised reli religious communications privilege religious confes religious confession privilege seal of confession secular Sir George Jessel Slavutych statutory Supreme Court t]he tion Wheeler v LeMarchant Wigmore Wigmore’s Wright and Graham