Constitutionalism And Religion

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Constitutionalism and Religion

Francois Venter
Constitutionalism and Religion Book PDF

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 51,5 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.

Law's Religion

Benjamin L. Berger
Law s Religion Book PDF

Author : Benjamin L. Berger
Publisher : University of Toronto Press
Page : 240 pages
File Size : 55,5 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781442696396

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Law's Religion by Benjamin L. Berger Pdf

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.

Constitutions and Religion

Susanna Mancini
Constitutions and Religion Book PDF

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 50,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781786439291

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Constitutions and Religion by Susanna Mancini Pdf

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders.

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 : 45,8 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.

Constitutions, Religion and Politics in Asia

Dian A. H. Shah
Constitutions Religion and Politics in Asia Book PDF

Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 42,5 Mb
Release : 2017-10-26
Category : History
ISBN : 9781107183346

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Constitutions, Religion and Politics in Asia by Dian A. H. Shah Pdf

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

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 : 41,6 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.

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 : 44,7 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.

Christianity and Constitutionalism

Nicholas Aroney,Professor of Constitutional Law Nicholas Aroney,Emeritus Professor of Law Ian Leigh,Ian Leigh
Christianity and Constitutionalism Book PDF

Author : Nicholas Aroney,Professor of Constitutional Law Nicholas Aroney,Emeritus Professor of Law Ian Leigh,Ian Leigh
Publisher : Oxford University Press
Page : 513 pages
File Size : 53,7 Mb
Release : 2022-09-27
Category : Constitutional law
ISBN : 9780197587256

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Christianity and Constitutionalism by Nicholas Aroney,Professor of Constitutional Law Nicholas Aroney,Emeritus Professor of Law Ian Leigh,Ian Leigh Pdf

The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.

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 : 55,7 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.

Constitutional Faith

Sanford Levinson
Constitutional Faith Book PDF

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 276 pages
File Size : 44,9 Mb
Release : 2011-09-11
Category : History
ISBN : 9780691152400

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Constitutional Faith by Sanford Levinson Pdf

"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

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 : 45,6 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.

Constitutional Secularism in an Age of Religious Revival

Susanna Mancini,Michel Rosenfeld
Constitutional Secularism in an Age of Religious Revival Book PDF

Author : Susanna Mancini,Michel Rosenfeld
Publisher : OUP Oxford
Page : 400 pages
File Size : 40,5 Mb
Release : 2014-01-30
Category : Law
ISBN : 9780191025167

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Constitutional Secularism in an Age of Religious Revival by Susanna Mancini,Michel Rosenfeld Pdf

The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. The contributors to this book come from a variety of different disciplines including law, anthropology, history, philosophy and political theory. They provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism and the public sphere. Part III examines the nexus between religion, secularism and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.

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 : 44,8 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.

Buddhism, Politics and the Limits of Law

Benjamin Schonthal
Buddhism Politics and the Limits of Law Book PDF

Author : Benjamin Schonthal
Publisher : Cambridge University Press
Page : 319 pages
File Size : 46,7 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781107152236

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Buddhism, Politics and the Limits of Law by Benjamin Schonthal Pdf

Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.

Constitutional Theocracy

Ran Hirschl
Constitutional Theocracy Book PDF

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 315 pages
File Size : 52,8 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.