Christianity And Constitutionalism
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Christianity And Constitutionalism
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Author : Nicholas Aroney
language : en
Publisher: Oxford University Press
Release Date : 2022-09-27
Christianity And Constitutionalism written by Nicholas Aroney and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-27 with Constitutional law categories.
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 And Religion
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Author : Francois Venter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
Constitutionalism And Religion written by Francois Venter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Law categories.
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.
The Biblical Roots Of American Constitutionalism
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Author : Joseph Livni
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-04-14
The Biblical Roots Of American Constitutionalism written by Joseph Livni and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-14 with Law categories.
According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.
Constitutions And Religion
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Author : Susanna Mancini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Constitutions And Religion written by Susanna Mancini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
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 Democracy And Religious Freedom
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Author : Hans-Martien ten Napel
language : en
Publisher: Routledge
Release Date : 2017-05-18
Constitutionalism Democracy And Religious Freedom written by Hans-Martien ten Napel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
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.
Transcendent Justice
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Author : Carl Joachim Friedrich
language : en
Publisher: Durham, N.C. : Duke University Press
Release Date : 1964
Transcendent Justice written by Carl Joachim Friedrich and has been published by Durham, N.C. : Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Political Science categories.
Constitutional Faith
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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11
Constitutional Faith written by Sanford Levinson and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-11 with History categories.
"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.
Christianity And The Constitution
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Author : John Eidsmoe
language : en
Publisher: Baker Academic
Release Date : 1995-08-01
Christianity And The Constitution written by John Eidsmoe and has been published by Baker Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-01 with Religion categories.
Using the writings of the founders and records of their conversations and activities, John Eidsmoe demonstrates the influence of Christianity on the political convictions of the founding fathers.
Constitutional Theocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2010-11-01
Constitutional Theocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.
At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, 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. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Constitutional Secularism In An Age Of Religious Revival
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Author : Susanna Mancini
language : en
Publisher: OUP Oxford
Release Date : 2014-01-30
Constitutional Secularism In An Age Of Religious Revival written by Susanna Mancini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-30 with Law categories.
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.