Law Religion Constitution

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Law, Religion, Constitution

Author : Dr Cristiana Cianitto,Ms Donlu Thayer,Professor Silvio Ferrari,Professor W Cole Durham Jr.
Publisher : Ashgate Publishing, Ltd.
Page : 565 pages
File Size : 51,5 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

Author : W. Cole Durham,Silvio Ferrari,Cristiana Cianitto,Donlu Thayer
Publisher : Routledge
Page : 252 pages
File Size : 45,6 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781317107385

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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

Author : Michael W. McConnell,Thomas C. Berg,Christopher C. Lund
Publisher : Aspen Publishing
Page : 910 pages
File Size : 51,8 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.

Religious Freedom and the Constitution

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 48,5 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674034457

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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.

The Agnostic Age

Author : Paul Horwitz
Publisher : Oxford University Press
Page : 351 pages
File Size : 40,5 Mb
Release : 2011-02-17
Category : Language Arts & Disciplines
ISBN : 9780199737727

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The Agnostic Age by Paul Horwitz Pdf

"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

Law and Religion

Author : Peter Radan,Denise Meyerson,Rosalind F. Atherton
Publisher : Routledge
Page : 420 pages
File Size : 51,7 Mb
Release : 2004-08-02
Category : Religion
ISBN : 9781134289691

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Law and Religion by Peter Radan,Denise Meyerson,Rosalind F. Atherton Pdf

The intersection of law and religion is a growing area of study for academics working in both subject areas. This book draws together research on several collisions between the two arenas, including a study of religious clauses in the US constitution and the interplay between religion and law in Canada, Australia and South Africa. With an emphasis on common law traditions, this book will be essential reading for researchers and advanced students of law and religion.

Religion, Law, and the Constitution

Author : DANIEL. CONKLE
Publisher : Foundation Press
Page : 0 pages
File Size : 53,8 Mb
Release : 2022-06-24
Category : Electronic
ISBN : 1636591183

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Religion, Law, and the Constitution by DANIEL. CONKLE Pdf

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Constitutions and Religion

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 42,5 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.

Constitutionalism and Religion

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,7 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 and the Constitution, Volume 2

Author : Kent Greenawalt
Publisher : Princeton University Press
Page : 568 pages
File Size : 53,6 Mb
Release : 2008-05-19
Category : Law
ISBN : 9781400828234

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Religion and the Constitution, Volume 2 by Kent Greenawalt Pdf

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Constitution Writing, Religion and Democracy

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 41,5 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.

Religion and the Constitution

Author : Michael W. McConnell,John H. Garvey,Thomas C. Berg
Publisher : Aspen Publishers
Page : 968 pages
File Size : 53,5 Mb
Release : 2002
Category : Church and state
ISBN : UOM:39015056655197

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Religion and the Constitution by Michael W. McConnell,John H. Garvey,Thomas C. Berg Pdf

Especially well suited to a variety of courses, the comprehensive yet concise Religion and the Constitution brings a refreshing new perspective to the study of topics of enduring interest.Instructors will appreciate the book for its: - exceptional authorship -- Michael W. McConnell, John H. Garvey, and Thomas C. Berg are outstanding scholars in the area - emphasis on broad, recurring themes to place current debates in context, for example; free exercise of religion in the face of government regulation, government financial assistance to religious institutions, and the role of religion in government institutions such as schools - Notes and questions that connect constitutional and religious history with today's constitutional issues - focus on the relationship between free exercise and establishment clauses - lightly-edited cases that promote deep analysis - Teacher's Manual that offers guidance for structuring the course, as well as answers and analysis of questions raised in the bookThe text is divided into six main parts: - Introduction - History - Religion in the Regulatory State - The Power of the Purse - Religion and the Government's Influence Over Culture - What is Religion?Religion and the Constitution, --the perfect balance between historical and contemporary issues. Be sure to consider it for your next course.

Freedom of Religion or Belief

Author : Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 48,8 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.

The Agnostic Age

Author : Paul Horwitz
Publisher : Oxford University Press
Page : 352 pages
File Size : 40,6 Mb
Release : 2011-02-02
Category : Law
ISBN : 9780199876303

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The Agnostic Age by Paul Horwitz Pdf

The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence. He asserts that the answer to this dilemma is to take "the agnostic turn": to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.

Constitutional Faith

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 276 pages
File Size : 43,8 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.