Religion Secularism And Constitutional Democracy

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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 : 44,7 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.

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 : 42,9 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.

Constitutionalism and Religion

Francois Venter
Constitutionalism and Religion Book PDF

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 48,6 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.

Secularism Or Democracy?

Veit-Michael Bader
Secularism Or Democracy Book PDF

Author : Veit-Michael Bader
Publisher : Amsterdam University Press
Page : 387 pages
File Size : 44,8 Mb
Release : 2007
Category : Social Science
ISBN : 9789053569993

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Secularism Or Democracy? by Veit-Michael Bader Pdf

Policies dealing with religious diversity in liberal democratic states—as well as the established institutions that enforce those policies—are increasingly under pressure. Politics and political theory are caught in a trap between the fully secularized state and neo-corporate regimes of selective cooperation between states and organized religion. This volume proposes an original, comprehensive, and multidisciplinary approach to problems of governing religious diversity—combining moral and political philosophy, constitutional law, history, sociology, and religious anthropology. Drawing on such diverse scholarship, Secularism or Democracy? proposes an associational governance—a moderately libertarian, flexible variety of democratic institutional pluralism—as the plausible third way to overcome the inherent deficiencies of the predominant models.

Freedom of Religion, Secularism, and Human Rights

Nehal Bhuta
Freedom of Religion Secularism and Human Rights Book PDF

Author : Nehal Bhuta
Publisher : Oxford University Press
Page : 200 pages
File Size : 53,9 Mb
Release : 2019-01-24
Category : Law
ISBN : 9780192540089

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Freedom of Religion, Secularism, and Human Rights by Nehal Bhuta Pdf

This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.

Faith in Democracy

Jonathan Chaplin
Faith in Democracy Book PDF

Author : Jonathan Chaplin
Publisher : SCM Press
Page : 168 pages
File Size : 45,8 Mb
Release : 2021-04-30
Category : Religion
ISBN : 9780334060239

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Faith in Democracy by Jonathan Chaplin Pdf

What is the place of faith in public life in the UK? Beyond ‘secularism’ that seeks to relegate faith to the margins of public life, and a ‘Christian nation’ position that seeks to retain, or even regain, Christian public privilege, there is a third way. Faith in Democracy: Framing a Politics of Deep Diversity calls for an approach that maximises public space for the expression of faith-based visions within democratic fora while repudiating all traces of religious privilege. It argues for a truly conversational space, reflecting theologically on the contested concepts at the heart of the current debate about the place of faith in British public life: democracy, secularism, pluralism and public faith.

The Secular and the Sacred

William Safran
The Secular and the Sacred Book PDF

Author : William Safran
Publisher : Routledge
Page : 269 pages
File Size : 40,9 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781135762117

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The Secular and the Sacred by William Safran Pdf

What is the place of religion in modern political systems? This volume addresses that question by focusing on ten countries across several geographic areas: Western and East-Central Europe, North America, the Middle East and South Asia. These countries are comparable in the sense that they are committed to constitutional rule, have embraced a more or less secular culture, and have formal guarantees of freedom of religion. Yet in all the cases examined here religion impinges on the political system in the form of legal establishment, semi-legitimation, subvention, and/or selective institutional arrangements and its role is reflected in cultural norms, electoral behaviour and public policies. The relationship between religion and politics comes in many varieties in differing countries, yet all are faced with three major challenges: modernity, democracy and the increasingly multi-ethnic and multi-religious nature of their societies.

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 : 52,6 Mb
Release : 2016
Category : LAW
ISBN : 1316840301

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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.

Democracy, Law and Religious Pluralism in Europe

Ferran Requejo,Camil Ungureanu
Democracy Law and Religious Pluralism in Europe Book PDF

Author : Ferran Requejo,Camil Ungureanu
Publisher : Routledge
Page : 252 pages
File Size : 42,6 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9781317637271

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Democracy, Law and Religious Pluralism in Europe by Ferran Requejo,Camil Ungureanu Pdf

In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.

Democracy, Islam, & Secularism in Turkey

Ahmet Kuru,Alfred Stepan
Democracy Islam Secularism in Turkey Book PDF

Author : Ahmet Kuru,Alfred Stepan
Publisher : Columbia University Press
Page : 226 pages
File Size : 46,6 Mb
Release : 2012-02-14
Category : Political Science
ISBN : 9780231159326

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Democracy, Islam, & Secularism in Turkey by Ahmet Kuru,Alfred Stepan Pdf

While Turkey has grown as a world power, promoting the image of a progressive and stable nation, several policy choices have strained its relationship with the East and the West. Providing social, historical, and religious context for Turkey's singular behavior, the essays in Democracy, Islam, and Secularism in Turkey examine issues relevant to Turkish debates and global concerns, from the state's position on religion and diversity to its involvement in the European Union. Written by experts in a range of disciplines, the chapters explore the Ottoman toleration of diversity during its classical period; the erosion of ethno-religious diversity in modern, pre-democratic times; Kemalism and its role in modernization and nation building; the changing political strategies of the military; and the effect of possible EU membership on domestic reforms. They also conduct a cross-Continental comparison of "multiple secularisms" as well as political parties, considering the Justice and Development Party in Turkey in relation to Christian Democratic parties in Europe. The contributors tackle central research questions, such as what is the legacy of the Ottoman Empire's ethno-religious plurality and how can Turkey's assertive secularism be softened to allow greater space for religious actors. They address the military's "guardian" role in Turkey's secularism, the implications of recent constitutional amendments for democratization, and the consequences and benefits of Islamic activism's presence within a democratic system. No other collection confronts Turkey's contemporary evolution so vividly and thoroughly or offers such expert analysis of its crucial social and political systems.

The State of Secularism

Dhammamegha Annie Leatt
The State of Secularism Book PDF

Author : Dhammamegha Annie Leatt
Publisher : NYU Press
Page : 248 pages
File Size : 51,7 Mb
Release : 2017-09-01
Category : Law
ISBN : 9781776141036

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The State of Secularism by Dhammamegha Annie Leatt Pdf

A history of global political secularism comparing religion and traditional authority in apartheid South Africa. The Dutch Reformed Church, it was said in apartheid South Africa, was the National Party at prayer, and indeed, given that the Bible was so fundamental to much of the legislation that governed the apartheid state, that apparently satirical description had the ring of truth. 'Religion in South Africa's past', writes Dhammamegha Annie Leatt has been 'saturated by politics' and politics 'saturated by religion'. So how, she asks, was it possible for a new state to found itself without religious authority? Why did the churches give up so much of their political role in the transition? How can we think about tradition and the customary in relation to secularism? How can we not? In The State of Secularism Leatt guides the reader from a history of global political secularism through an exploration of the roles played by religion and traditional authority in apartheid South Africa to the position of religion in the post-apartheid state. She analyses the negotiations relating to religion in the constitution-making process, arguing, that South Africa is both secular in its Constitution and judicial foundations and increasingly non-secular in its embrace of traditional authorities and customary law. In the final chapter Leatt turns her attention to post-apartheid South Africa, examining changing relationships between churches and the ruling African National Congress and the increasing influence of traditional leaders and evangelical Christians in an anti-liberal alliance. This book makes a tremendous contribution to the literature on postcolonial politics on the African continent. It has wonderful insights into the founding of a constitutional democracy in South African and will appeal to students in history, politics, sociology and anthropology and constitutional law.

Constitutions and Religion

Susanna Mancini
Constitutions and Religion Book PDF

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 53,7 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.

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 : 44,6 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.

Secularism and State Policies toward Religion

Ahmet T. Kuru
Secularism and State Policies toward Religion Book PDF

Author : Ahmet T. Kuru
Publisher : Cambridge University Press
Page : 315 pages
File Size : 41,9 Mb
Release : 2009-04-20
Category : Social Science
ISBN : 9781139477635

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Secularism and State Policies toward Religion by Ahmet T. Kuru Pdf

Why do secular states pursue different policies toward religion? This book provides a generalizable argument about the impact of ideological struggles on the public policy making process, as well as a state-religion regimes index of 197 countries. More specifically, it analyzes why American state policies are largely tolerant of religion, whereas French and Turkish policies generally prohibit its public visibility, as seen in their bans on Muslim headscarves. In the United States, the dominant ideology is 'passive secularism', which requires the state to play a passive role, by allowing public visibility of religion. Dominant ideology in France and Turkey is 'assertive secularism', which demands that the state play an assertive role in excluding religion from the public sphere. Passive and assertive secularism became dominant in these cases through certain historical processes, particularly the presence or absence of an ancien régime based on the marriage between monarchy and hegemonic religion during state-building periods.

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 : 43,7 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.