Constitution Writing Religion And Democracy

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Constitution Writing, Religion and Democracy

Asli Ümmühan Bali,Hanna Lerner
Constitution Writing Religion and Democracy Book PDF

Author : Asli Ümmühan Bali,Hanna Lerner
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2017
Category : Church and state
ISBN : 1316840166

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Constitution Writing, Religion and Democracy by Asli Ümmühan Bali,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Constitution Writing, Religion and Democracy

Aslı Ü. Bâli,Hanna Lerner
Constitution Writing Religion and Democracy Book PDF

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Constitutionalism and Religion

Francois Venter
Constitutionalism and Religion Book PDF

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 45,6 Mb
Release : 2015-10-30
Category : Law
ISBN : 9781785361623

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Constitutionalism and Religion by Francois Venter Pdf

This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

Making Constitutions in Deeply Divided Societies

Hanna Lerner
Making Constitutions in Deeply Divided Societies Book PDF

Author : Hanna Lerner
Publisher : Cambridge University Press
Page : 273 pages
File Size : 48,9 Mb
Release : 2011-05-12
Category : Law
ISBN : 9781139502924

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Making Constitutions in Deeply Divided Societies by Hanna Lerner Pdf

How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.

Religion, Secularism, and Constitutional Democracy

Jean L. Cohen,Cécile Laborde
Religion Secularism and Constitutional Democracy Book PDF

Author : Jean L. Cohen,Cécile Laborde
Publisher : Columbia University Press
Page : 465 pages
File Size : 52,9 Mb
Release : 2015-12-22
Category : Religion
ISBN : 9780231540735

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Religion, Secularism, and Constitutional Democracy by Jean L. Cohen,Cécile Laborde Pdf

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Constitutionalism, Democracy and Religious Freedom

Hans-Martien ten Napel
Constitutionalism Democracy and Religious Freedom Book PDF

Author : Hans-Martien ten Napel
Publisher : Taylor & Francis
Page : 170 pages
File Size : 53,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781317236917

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Constitutionalism, Democracy and Religious Freedom by Hans-Martien ten Napel Pdf

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Law, Religion, Constitution

W. Cole Durham,Silvio Ferrari,Cristiana Cianitto,Donlu Thayer
Law Religion Constitution Book PDF

Author : W. Cole Durham,Silvio Ferrari,Cristiana Cianitto,Donlu Thayer
Publisher : Routledge
Page : 472 pages
File Size : 51,7 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781317107378

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Law, Religion, Constitution by W. Cole Durham,Silvio Ferrari,Cristiana Cianitto,Donlu Thayer Pdf

What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Constitution Writing, Religion and Democracy

Aslı Ü. Bâli,Hanna Lerner
Constitution Writing Religion and Democracy Book PDF

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 417 pages
File Size : 51,5 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107070516

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.

Religion, Secularism, and Constitutional Democracy

Jean L. Cohen,Cécile Laborde
Religion Secularism and Constitutional Democracy Book PDF

Author : Jean L. Cohen,Cécile Laborde
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 2016
Category : Freedom of religion
ISBN : 0231168705

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Religion, Secularism, and Constitutional Democracy by Jean L. Cohen,Cécile Laborde Pdf

Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges.

A Practical Guide to Constitution Building

Winluck Wahiu,Markus Böckenförde,Nora Hedling
A Practical Guide to Constitution Building Book PDF

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Social and Political Foundations of Constitutions

Denis James Galligan
Social and Political Foundations of Constitutions Book PDF

Author : Denis James Galligan
Publisher : Cambridge University Press
Page : 844 pages
File Size : 55,6 Mb
Release : 2013
Category : Constitutional law
ISBN : 9781107424395

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Social and Political Foundations of Constitutions by Denis James Galligan Pdf

"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--

Constitutional Theocracy

Ran Hirschl
Constitutional Theocracy Book PDF

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 315 pages
File Size : 48,9 Mb
Release : 2010-11
Category : Law
ISBN : 9780674048195

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Constitutional Theocracy by Ran Hirschl Pdf

Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.

Constitutional Processes and Democratic Commitment

Donald L. Horowitz
Constitutional Processes and Democratic Commitment Book PDF

Author : Donald L. Horowitz
Publisher : Yale University Press
Page : 284 pages
File Size : 40,6 Mb
Release : 2021
Category : Constitutional law
ISBN : 9780300254365

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Constitutional Processes and Democratic Commitment by Donald L. Horowitz Pdf

Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.

Imagining Judeo-Christian America

K. Healan Gaston
Imagining Judeo Christian America Book PDF

Author : K. Healan Gaston
Publisher : University of Chicago Press
Page : 361 pages
File Size : 45,6 Mb
Release : 2019-11-15
Category : History
ISBN : 9780226663999

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Imagining Judeo-Christian America by K. Healan Gaston Pdf

“Judeo-Christian” is a remarkably easy term to look right through. Judaism and Christianity obviously share tenets, texts, and beliefs that have strongly influenced American democracy. In this ambitious book, however, K. Healan Gaston challenges the myth of a monolithic Judeo-Christian America. She demonstrates that the idea is not only a recent and deliberate construct, but also a potentially dangerous one. From the time of its widespread adoption in the 1930s, the ostensible inclusiveness of Judeo-Christian terminology concealed efforts to promote particular conceptions of religion, secularism, and politics. Gaston also shows that this new language, originally rooted in arguments over the nature of democracy that intensified in the early Cold War years, later became a marker in the culture wars that continue today. She argues that the debate on what constituted Judeo-Christian—and American—identity has shaped the country’s religious and political culture much more extensively than previously recognized.

Democracy and Islam in the New Constitution of Afghanistan

Anonim
Democracy and Islam in the New Constitution of Afghanistan Book PDF

Author : Anonim
Publisher : Unknown
Page : 59 pages
File Size : 54,7 Mb
Release : 2003
Category : Electronic
ISBN : OCLC:74245705

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Democracy and Islam in the New Constitution of Afghanistan by Anonim Pdf

As part of a broad program of research and analysis on the Middle East and Asia, on January 28, 2003, RAND called together a group of renowned experts with knowledge in the fields of Islamic law, constitution writing, and democracy, and with specific country and regional expertise. The task was to identify ways in which the constitution of Afghanistan could help put the country on the path to a strong, stable democracy characterized by good governance and rule of law, in which Islam, human rights, and Afghanistan's international obligations were respected. The group was to keep in mind the realities of Afghanistan's current situation and draw from the experiences of other countries, with the aim of identifying practical ideas, particularly about the treatment of Islam in the constitution. The following document offers ideas to those involved in the drafting of the new constitution for Afghanistan.