Religion Law And The Constitution
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Religion Law And The Constitution
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Author : DANIEL. CONKLE
language : en
Publisher: Foundation Press
Release Date : 2022-06-24
Religion Law And The Constitution written by DANIEL. CONKLE and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-24 with categories.
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Religion And The Constitution
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Author : Michael W. McConnell
language : en
Publisher: Aspen Publishing
Release Date : 2016-02-29
Religion And The Constitution written by Michael W. McConnell and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-29 with Law categories.
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.
Religion Law And The Constitution
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Author : Javier García Oliva
language : en
Publisher: Routledge
Release Date : 2017-08-10
Religion Law And The Constitution written by Javier García Oliva and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.
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 And The Constitution Volume 2
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Author : Kent Greenawalt
language : en
Publisher: Princeton University Press
Release Date : 2008-05-19
Religion And The Constitution Volume 2 written by Kent Greenawalt 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 2008-05-19 with Law categories.
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.
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.
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.
Religion Law And The Irish State
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Author : Eoin Daly
language : en
Publisher:
Release Date : 2012
Religion Law And The Irish State written by Eoin Daly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Church and state categories.
Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.
Freedom Of Religion Or Belief
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Author : Paul T. Babie
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-05-29
Freedom Of Religion Or Belief written by Paul T. Babie 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 2020-05-29 with Law categories.
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.
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.