Constitutionalism Democracy And Religious Freedom

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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 : 50,6 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.

Constitutionalism and Religion

Francois Venter
Constitutionalism and Religion Book PDF

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 44,9 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.

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 : 45,7 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.

Constitutions and Religion

Susanna Mancini
Constitutions and Religion Book PDF

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 54,5 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.

Religion, Law, and Democracy

Ernst-Wolfgang Böckenförde
Religion Law and Democracy Book PDF

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 480 pages
File Size : 55,8 Mb
Release : 2020-11-19
Category : Law
ISBN : 9780192550613

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Religion, Law, and Democracy by Ernst-Wolfgang Böckenförde Pdf

Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Religious Ideas in Liberal Democratic States

Jasper Doomen,Mirjam van Schaik
Religious Ideas in Liberal Democratic States Book PDF

Author : Jasper Doomen,Mirjam van Schaik
Publisher : Rowman & Littlefield
Page : 207 pages
File Size : 49,8 Mb
Release : 2021-07-29
Category : Religion
ISBN : 9781793618399

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Religious Ideas in Liberal Democratic States by Jasper Doomen,Mirjam van Schaik Pdf

Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.

Minorities and Religious Freedom in a Democracy

James Massey
Minorities and Religious Freedom in a Democracy Book PDF

Author : James Massey
Publisher : Unknown
Page : 256 pages
File Size : 47,6 Mb
Release : 2003
Category : Democracy
ISBN : UOM:39015061554153

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Minorities and Religious Freedom in a Democracy by James Massey Pdf

This Book Deals With Christians As A Minority And Controverts The Myth That They Are The Most Forward Community. It Details The General Constitutional Rights As Well As Special Rights Of The Minorities In India And Focuses Attention On The Relationship Between Human Rights Of Minorities. An Essential Reading For Sociologists, Political Scientists, Human Rights Activists And All Others Interested In The Issues Involved And The Future Of Indian Polity.

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 : 47,6 Mb
Release : 2014-01-30
Category : Law
ISBN : 9780191025174

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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.

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 : 50,6 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.

Why Religious Freedom Matters for Democracy

Myriam Hunter-Henin
Why Religious Freedom Matters for Democracy Book PDF

Author : Myriam Hunter-Henin
Publisher : Bloomsbury Publishing
Page : 160 pages
File Size : 51,8 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509904761

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Why Religious Freedom Matters for Democracy by Myriam Hunter-Henin Pdf

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

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 : 46,9 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.

The Changing Terrain of Religious Freedom

Heather J. Sharkey,Jeffrey Edward Green
The Changing Terrain of Religious Freedom Book PDF

Author : Heather J. Sharkey,Jeffrey Edward Green
Publisher : University of Pennsylvania Press
Page : 296 pages
File Size : 44,8 Mb
Release : 2021-09-24
Category : Law
ISBN : 9780812253375

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The Changing Terrain of Religious Freedom by Heather J. Sharkey,Jeffrey Edward Green Pdf

This volume offers theoretical, historical, and legal perspectives on religious freedom, as an experience, value, and right. Drawing on examples from around the world, its essays show how the terrain of religious freedom has never been smooth and how in recent years the landscape of religious freedom has shifted.

The Future of Religious Freedom

Allen D. Hertzke
The Future of Religious Freedom Book PDF

Author : Allen D. Hertzke
Publisher : Oxford University Press
Page : 385 pages
File Size : 45,7 Mb
Release : 2013
Category : Political Science
ISBN : 9780199930890

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The Future of Religious Freedom by Allen D. Hertzke Pdf

Based on a symposium held in Istanbul, Turkey.

Freedom of Religion or Belief

Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Freedom of Religion or Belief Book PDF

Author : Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 46,9 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781788977807

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Freedom of Religion or Belief by Paul T. Babie,Neville G. Rochow,Brett G. Scharffs Pdf

Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

Disestablishment and Religious Dissent

Carl H. Esbeck,Jonathan J. Den Hartog
Disestablishment and Religious Dissent Book PDF

Author : Carl H. Esbeck,Jonathan J. Den Hartog
Publisher : University of Missouri Press
Page : 460 pages
File Size : 54,7 Mb
Release : 2019-11-15
Category : History
ISBN : 9780826274366

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Disestablishment and Religious Dissent by Carl H. Esbeck,Jonathan J. Den Hartog Pdf

On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.