Constitutionalism Democracy And Religious Freedom
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Constitutionalism Democracy And Religious Freedom
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Author : Hans-Martien ten Napel
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-18
Constitutionalism Democracy And Religious Freedom written by Hans-Martien ten Napel and has been published by Taylor & Francis 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.
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.
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.
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.
Religious Ideas In Liberal Democratic States
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Author : Jasper Doomen
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-07-29
Religious Ideas In Liberal Democratic States written by Jasper Doomen and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Religion categories.
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
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Author : James Massey
language : en
Publisher:
Release Date : 2003
Minorities And Religious Freedom In A Democracy written by James Massey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Democracy categories.
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.
Constitution Writing Religion And Democracy
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Author : Aslı Ü. Bâli
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02
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 2017-02-02 with Law categories.
This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.
Constitutional Secularism In An Age Of Religious Revival
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Author : Susanna Mancini
language : en
Publisher: Oxford University Press
Release Date : 2014
Constitutional Secularism In An Age Of Religious Revival written by Susanna Mancini 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 2014 with Law categories.
"The revival of religion in many parts of the world and the migration of religious cultures as part of the process of globalization have posed 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"--
Religion Law And Democracy
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Author : Ernst-Wolfgang Böckenförde
language : en
Publisher: Oxford University Press
Release Date : 2020-11-19
Religion Law And Democracy written by Ernst-Wolfgang Böckenförde 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 2020-11-19 with Law categories.
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.
The Changing Terrain Of Religious Freedom
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Author : Heather J. Sharkey
language : en
Publisher: University of Pennsylvania Press
Release Date : 2021-09-24
The Changing Terrain Of Religious Freedom written by Heather J. Sharkey and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-24 with Law categories.
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.