Constitution Writing Religion And Democracy
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Constitution Writing Religion And Democracy
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Author : Asli Ümmühan Bali
language : en
Publisher:
Release Date : 2016
Constitution Writing Religion And Democracy written by Asli Ümmühan Bali and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
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.
Constitution Writing Religion And Democracy
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Author : Aslı Ü. Bâli
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Constitution Writing Religion And Democracy written by Aslı Ü. Bâli and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
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.
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.
Making Constitutions In Deeply Divided Societies
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Author : Hanna Lerner
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-12
Making Constitutions In Deeply Divided Societies written by Hanna Lerner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-12 with Law categories.
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Law Religion Constitution
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Author : W. Cole Durham
language : en
Publisher: Routledge
Release Date : 2016-04-29
Law Religion Constitution written by W. Cole Durham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.
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 Secularism And Constitutional Democracy
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Author : Jean L. Cohen
language : en
Publisher: Columbia University Press
Release Date : 2015-12-22
Religion Secularism And Constitutional Democracy written by Jean L. Cohen and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Religion categories.
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.
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.
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.
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-09
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-09 with Law categories.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Religion In Politics
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Author : Michael J. Perry
language : en
Publisher: Oxford University Press
Release Date : 1999-01-21
Religion In Politics written by Michael J. Perry 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 1999-01-21 with Political Science categories.
Most Americans are religious believers. Among these there is disagreement about many fundamental religious/moral matters. Because the United States is both such a religious country and such a religiously pluralistic country, the issue of the proper role of religion in politics is extremely important to political debate. In Religion in Politics, Michael Perry addresses a fundamental question: what role may religious arguments play, if any, either in public debate about what political choices to make or as a basis of political choice? He is principally concerned with political choices that ban or otherwise disfavor one or another sort of human conduct based on the view that the conduct is immoral. He divides the controversy into two debates: the constitutionally proper role of religious arguments in politics, and a related, but distinct, debate about the morally proper role. Perry concludes that political choices about the morality of human conduct should not be based on religion. The newest work by one of the most important constitutional theorists writing today, Religion in Politics is sure to spark a new debate on the subject.