Constitutional Law Religion And Equal Liberty

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Constitutional Law, Religion and Equal Liberty

Azin Tadjdini
Constitutional Law Religion and Equal Liberty Book PDF

Author : Azin Tadjdini
Publisher : Routledge
Page : 146 pages
File Size : 48,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429576584

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Constitutional Law, Religion and Equal Liberty by Azin Tadjdini Pdf

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Religious Freedom and the Constitution

Christopher L. Eisgruber,Lawrence G. Sager
Religious Freedom and the Constitution Book PDF

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 55,8 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674263260

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Religion, Liberty and the Jurisdictional Limits of Law

Iain T. Benson,Barry W. Bussey
Religion Liberty and the Jurisdictional Limits of Law Book PDF

Author : Iain T. Benson,Barry W. Bussey
Publisher : Unknown
Page : 430 pages
File Size : 51,8 Mb
Release : 2017-09
Category : Freedom of religion
ISBN : 0433495626

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Religion, Liberty and the Jurisdictional Limits of Law by Iain T. Benson,Barry W. Bussey Pdf

In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

Law, Religion, Constitution

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

Author : Dr Cristiana Cianitto,Ms Donlu Thayer,Professor Silvio Ferrari,Professor W Cole Durham Jr.
Publisher : Ashgate Publishing, Ltd.
Page : 565 pages
File Size : 50,8 Mb
Release : 2013-09-28
Category : Law
ISBN : 9781472416155

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Law, Religion, Constitution by Dr Cristiana Cianitto,Ms Donlu Thayer,Professor Silvio Ferrari,Professor W Cole Durham Jr. 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.

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 : 44,8 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.

Religion and the Constitution

Michael W. McConnell,Thomas C. Berg,Christopher C. Lund
Religion and the Constitution Book PDF

Author : Michael W. McConnell,Thomas C. Berg,Christopher C. Lund
Publisher : Aspen Publishing
Page : 910 pages
File Size : 42,9 Mb
Release : 2016-02-29
Category : Law
ISBN : 9781454876144

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Religion and the Constitution by Michael W. McConnell,Thomas C. Berg,Christopher C. Lund Pdf

Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

Liberty of Conscience

Martha Nussbaum
Liberty of Conscience Book PDF

Author : Martha Nussbaum
Publisher : Basic Books
Page : 416 pages
File Size : 52,5 Mb
Release : 2008-02-05
Category : Law
ISBN : 9780786721948

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Liberty of Conscience by Martha Nussbaum Pdf

In one of the great triumphs of the colonial and Revolutionary periods, the founders of the future United States overcame religious intolerance in favor of a constitutional order dedicated to fair treatment for people's deeply held conscientious beliefs. It granted equal liberty of conscience to all and took a firm stand against religious establishment. This respect for religious difference, acclaimed scholar Martha Nussbaum writes, formed our democracy. Yet today there are signs that this legacy is misunderstood. The prominence of a particular type of Christianity in our public life suggests the unequal worth of citizens who hold different religious beliefs, or no beliefs. Other people, meanwhile, seek to curtail the influence of religion in public life in a way that is itself unbalanced and unfair. Such partisan efforts, Nussbaum argues, violate the spirit of our Constitution. Liberty of Conscience is a historical and conceptual study of the American tradition of religious freedom. Weaving together political history, philosophical ideas, and key constitutional cases, this is a rich chronicle of an ideal of equality that has always been central to our history but is now in serious danger.

Constitutional Law

Daniel O. Conkle
Constitutional Law Book PDF

Author : Daniel O. Conkle
Publisher : Unknown
Page : 260 pages
File Size : 52,9 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134452619

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Constitutional Law by Daniel O. Conkle Pdf

Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices

Religion and the American Constitutional Experiment

John Witte, Jr.,Joel A. Nichols
Religion and the American Constitutional Experiment Book PDF

Author : John Witte, Jr.,Joel A. Nichols
Publisher : Oxford University Press
Page : 432 pages
File Size : 46,7 Mb
Release : 2016-03-11
Category : Religion
ISBN : 9780190459444

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Religion and the American Constitutional Experiment by John Witte, Jr.,Joel A. Nichols Pdf

This accessible introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors provide extensive analysis of the formation of the First Amendment religion clauses and the plausible original intent or understanding of the founders. They describe the enduring principles of American religious freedom--liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion--as those principles were developed by the founders and applied by the Supreme Court. Successive chapters analyze the two hundred plus Supreme Court cases on religious freedom--on the free exercise of religion, the roles of government and religion in education, the place of religion in public life, and the interaction of religious organizations and the state. A final chapter shows how favorably American religious freedom compares with international human rights norms and European Court of Human Rights case law. Lucid, comprehensive, multidisciplinary, and balanced, this volume is an ideal classroom text and armchair paperback. Detailed appendices offer drafts of each of the religion clauses debated in 1788 and 1789, a table of all state constitutional laws on religious freedom, and a summary of every Supreme Court case on religious liberty from 1815 to 2015. Throughout the volume, the authors address frankly and fully the hot button issues of our day: religious freedom versus sexual liberty, freedom of conscience and its limitations, religious group rights and the worries about abuse, faith-based legal systems and their place in liberal democracies, and the fresh rise of anti-Semitism, Islamophobia, and anti-Christianity in America and abroad. For this new edition, the authors have updated each chapter in light of new scholarship and new Supreme Court case law (through the 2015 term) and have added an appendix mapping some of the cutting edge issues of religious liberty and church-state relations.

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 : 49,8 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.

Fundamental Liberties of a Free People

Milton Konvitz
Fundamental Liberties of a Free People Book PDF

Author : Milton Konvitz
Publisher : Routledge
Page : 452 pages
File Size : 43,7 Mb
Release : 2018-01-16
Category : Political Science
ISBN : 9781351310666

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Fundamental Liberties of a Free People by Milton Konvitz Pdf

Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

Toleration and the Constitution

David A. J. Richards
Toleration and the Constitution Book PDF

Author : David A. J. Richards
Publisher : Oxford University Press
Page : 367 pages
File Size : 41,7 Mb
Release : 1989-04-06
Category : Philosophy
ISBN : 9780195363081

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Toleration and the Constitution by David A. J. Richards Pdf

Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.

Religious Liberty

Daniel N. Robinson,Richard N. Williams
Religious Liberty Book PDF

Author : Daniel N. Robinson,Richard N. Williams
Publisher : Cambridge University Press
Page : 205 pages
File Size : 52,7 Mb
Release : 2016-09-08
Category : Law
ISBN : 9781107147607

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Religious Liberty by Daniel N. Robinson,Richard N. Williams Pdf

These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law. The book is aimed at researchers, graduate students and undergraduates in constitutional law, political science, government, constitutional religion and public affairs courses, as well as courses on the First Amendment.

Religion and Equality Law

Nelson Tebbe
Religion and Equality Law Book PDF

Author : Nelson Tebbe
Publisher : Routledge
Page : 525 pages
File Size : 47,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351551625

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Religion and Equality Law by Nelson Tebbe Pdf

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.

Religious Freedom

Corey Brettschneider
Religious Freedom Book PDF

Author : Corey Brettschneider
Publisher : Penguin
Page : 257 pages
File Size : 52,8 Mb
Release : 2021-11-09
Category : Political Science
ISBN : 9780525506829

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Religious Freedom by Corey Brettschneider Pdf

To understand the most contentious issues around religious liberty, this volume provides influential philosophical ideas from the U.S.’s founding to the present day and key U.S. Supreme Court judgements to ask how the two twin pillars of religious freedom — free exercise and the limit on religious establishment — unfold in daily life. A Penguin Classic With the Penguin Liberty series by Penguin Classics, we look to the U.S. Constitution’s text and values, as well as to American history and some of the country’s most important thinkers, to discover the best explanations of our constitutional ideals of liberty. Through these curated anthologies of historical, political, and legal classic texts, Penguin Liberty offers everyday citizens the chance to hear the strongest defenses of these ideals, engage in constitutional interpretation, and gain new (or renewed) appreciation for the values that have long inspired the nation. Questions of liberty affect both our daily lives and our country’s values, from what we can say to whom we can marry, how society views us to how we determine our leaders. It is Americans’ great privilege that we live under a Constitution that both protects our liberty and allows us to debate what that liberty should mean.