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All Outputs (27)

The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law (2020)
Journal Article
Nehushtan, Y. (2020). The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law. Israel Law Review, 135-158. https://doi.org/10.1017/S0021223719000189

Ever since the Wednesbury decision in 1947 UK public law has been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably. Rationality has also been used as a ‘mega ground of judicial review’, covering many other, distinct grounds... Read More about The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law.

Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters (2019)
Journal Article
Nehushtan, Y. (2019). Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters. Law and Philosophy, 227-266. https://doi.org/10.1007/s10982-019-09347-5

By enacting equality laws the liberal state decides the limits of liberal tolerance by relying on content-based rather than content-neutral considerations. Equality laws are not and cannot be neutral. They reflect a content-based moral decision about... Read More about Conscientious Objection and Equality Laws: Why the Content of the Conscience Matters.

The Foundations of Conscientious Objection: Against Freedom and Autonomy (2018)
Journal Article
Nehushtan, Y., & Danaher, J. (2018). The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence, 541-565. https://doi.org/10.1080/20403313.2018.1454031

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the iss... Read More about The Foundations of Conscientious Objection: Against Freedom and Autonomy.

Civic Conscience, Selective Conscientious Objection and Lack of Choice (2017)
Journal Article
Nehushtan, Y. (2017). Civic Conscience, Selective Conscientious Objection and Lack of Choice. Ratio Juris, 433-450. https://doi.org/10.1111/raju.12184

Most democratic states tolerate, to various extents, conscientious objection. The same states tend not to tolerate acts of civil disobedience and what they perceive as selective conscientious objection. In this paper it is claimed that the dichotomy... Read More about Civic Conscience, Selective Conscientious Objection and Lack of Choice.

The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality (2017)
Journal Article
Nehushtan, Y. (2017). The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality. Israel Law Review, 69-86. https://doi.org/10.1017/S0021223716000261

Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling to comprehend the meaning of ‘reasonableness’ and its relation to ‘proportionality’. The main purpose of this article is to promote conceptual clarit... Read More about The Non-Identical Twins in UK Public Law: Reasonableness and Proportionality.

The Case for a General Constitutional Right to be Granted Conscientious Exemption (2016)
Journal Article
Nehushtan, Y. (2016). The Case for a General Constitutional Right to be Granted Conscientious Exemption. Oxford Journal of Law and Religion, 230 - 254. https://doi.org/10.1093/ojlr/rww004

Conscientious exemption is called for when a person’s conscience conflicts with the demands or the requirements of the law. Most of the academic research about the practice of granting conscientious exemptions and its justification explores the quest... Read More about The Case for a General Constitutional Right to be Granted Conscientious Exemption.

Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides (2016)
Journal Article
Nehushtan, Y. (2016). Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides. Human Rights Law Review, 1 - 28. https://doi.org/10.1093/hrlr/ngv047

This article discusses the issue of offensive expressions, that is, expressions which cause harm or offence to the sensitivities and values of others. When the authorities are asked to approve an offensive expression or to protect the offensive speak... Read More about Offensive Expressions: The Limits of Neutral Balancing Tests and the Need to Take Sides.

What Are Conscientious Exemptions Really About? (2013)
Journal Article
Nehushtan, Y. (2013). What Are Conscientious Exemptions Really About?. Oxford Journal of Law and Religion, 393 - 416. https://doi.org/10.1093/ojlr/rws045

The main argument of this article is that granting conscientious exemptions is best understood as the outcome of tolerance than as a way of applying the idea of equality. It is also argued that perceiving the right to be granted conscientious exempti... Read More about What Are Conscientious Exemptions Really About?.

Granting Conscientious Exemptions: The Need to Take Sides (2012)
Journal Article
Nehushtan, Y. (2012). Granting Conscientious Exemptions: The Need to Take Sides. Religion and Human Rights, 7(1), 31-58

There are several possible views of the proper way in which the state should respond to claims to be granted conscientious exemptions. This article discusses, and ultimately rejects, two main approaches to the issue of granting conscientious exemptio... Read More about Granting Conscientious Exemptions: The Need to Take Sides.

The Links between Religion and Intolerance (2011)
Journal Article
Nehushtan, Y. (2011). The Links between Religion and Intolerance. Philosophy and Theology, 23(1), 91-132. https://doi.org/10.5840/philtheol20112315

This paper explores two main arguments. The first argument is that religious persons—because they are religious persons—are likely to be more intolerant than non-religious persons. This argument is supported by decisive empirical evidence. The second... Read More about The Links between Religion and Intolerance.

The Principle of Tolerance (2011)
Journal Article
Nehushtan, Y. (2011). The Principle of Tolerance. (TAU) Tel-Aviv University Law Review (Iyunei Mishpat), 34, 5-46

Religious Conscientious Exemptions (2010)
Journal Article
Nehushtan, Y. (2011). Religious Conscientious Exemptions. Law and Philosophy, 30(2), 143-166. https://doi.org/10.1007/s10982-010-9088-4

Several possible approaches can be applied by the state when it responds to religious conscientious objections. These approaches compare the response to religious-conscientious objections with that to non-religious objections. If the content of the o... Read More about Religious Conscientious Exemptions.