Constitutional Law Religion And Equal Liberty

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Constitutional Law, Religion and Equal Liberty

Author : Azin Tadjdini
Publisher : Routledge
ISBN 13 : 0429576587
Total Pages : 146 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Constitutional Law, Religion and Equal Liberty by : Azin Tadjdini

Download or read book Constitutional Law, Religion and Equal Liberty written by Azin Tadjdini and published by Routledge. This book was released on 2019-09-19 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Religious Freedom and the Constitution

Author : Christopher L. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 067426326X
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber

Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Religion and the Constitution

Author : Michael W. McConnell
Publisher : Aspen Publishing
ISBN 13 : 145487614X
Total Pages : 910 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Religion and the Constitution by : Michael W. McConnell

Download or read book Religion and the Constitution written by Michael W. McConnell and published by Aspen Publishing. This book was released on 2016-02-29 with total page 910 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Religion, Constitution

Author : Dr Cristiana Cianitto
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472416155
Total Pages : 565 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Law, Religion, Constitution by : Dr Cristiana Cianitto

Download or read book Law, Religion, Constitution written by Dr Cristiana Cianitto and published by Ashgate Publishing, Ltd.. This book was released on 2013-09-28 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Religion, Constitution

Author : W. Cole Durham
Publisher : Routledge
ISBN 13 : 1317107381
Total Pages : 252 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Religion, Constitution by : W. Cole Durham

Download or read book Law, Religion, Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Law

Author : Daniel O. Conkle
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law by : Daniel O. Conkle

Download or read book Constitutional Law written by Daniel O. Conkle and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices

The Religion Clauses of the First Amendment

Author : Ellis M. West
Publisher : Lexington Books
ISBN 13 : 0739146793
Total Pages : 218 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis The Religion Clauses of the First Amendment by : Ellis M. West

Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by Lexington Books. This book was released on 2012-07-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

Constitutional Law

Author : Steven D. Jamar
Publisher : Aspen Publishing
ISBN 13 : 1454881119
Total Pages : 1322 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Constitutional Law by : Steven D. Jamar

Download or read book Constitutional Law written by Steven D. Jamar and published by Aspen Publishing. This book was released on 2017-02-28 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes.

Religious Liberty and the American Founding

Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
ISBN 13 : 0226821447
Total Pages : 345 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Religious Liberty and the American Founding by : Vincent Phillip Muñoz

Download or read book Religious Liberty and the American Founding written by Vincent Phillip Muñoz and published by University of Chicago Press. This book was released on 2022-08-31 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--

Religion and the American Constitutional Experiment

Author : John Witte, Jr.
Publisher : Oxford University Press
ISBN 13 : 0190459441
Total Pages : 432 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Religion and the American Constitutional Experiment by : John Witte, Jr.

Download or read book Religion and the American Constitutional Experiment written by John Witte, Jr. and published by Oxford University Press. This book was released on 2016-03-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors provide extensive analysis of the formation of the First Amendment religion clauses and the plausible original intent or understanding of the founders. They describe the enduring principles of American religious freedom--liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion--as those principles were developed by the founders and applied by the Supreme Court. Successive chapters analyze the two hundred plus Supreme Court cases on religious freedom--on the free exercise of religion, the roles of government and religion in education, the place of religion in public life, and the interaction of religious organizations and the state. A final chapter shows how favorably American religious freedom compares with international human rights norms and European Court of Human Rights case law. Lucid, comprehensive, multidisciplinary, and balanced, this volume is an ideal classroom text and armchair paperback. Detailed appendices offer drafts of each of the religion clauses debated in 1788 and 1789, a table of all state constitutional laws on religious freedom, and a summary of every Supreme Court case on religious liberty from 1815 to 2015. Throughout the volume, the authors address frankly and fully the hot button issues of our day: religious freedom versus sexual liberty, freedom of conscience and its limitations, religious group rights and the worries about abuse, faith-based legal systems and their place in liberal democracies, and the fresh rise of anti-Semitism, Islamophobia, and anti-Christianity in America and abroad. For this new edition, the authors have updated each chapter in light of new scholarship and new Supreme Court case law (through the 2015 term) and have added an appendix mapping some of the cutting edge issues of religious liberty and church-state relations.

To Secure the Blessings of Liberty

Author : William C. Shepherd
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis To Secure the Blessings of Liberty by : William C. Shepherd

Download or read book To Secure the Blessings of Liberty written by William C. Shepherd and published by . This book was released on 1985 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common-law Liberty

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common-law Liberty by : James Reist Stoner

Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Religious Freedom

Author : Corey Brettschneider
Publisher : Penguin
ISBN 13 : 0525506829
Total Pages : 257 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Religious Freedom by : Corey Brettschneider

Download or read book Religious Freedom written by Corey Brettschneider and published by Penguin. This book was released on 2021-11-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the most contentious issues around religious liberty, this volume provides influential philosophical ideas from the U.S.’s founding to the present day and key U.S. Supreme Court judgements to ask how the two twin pillars of religious freedom — free exercise and the limit on religious establishment — unfold in daily life. A Penguin Classic With the Penguin Liberty series by Penguin Classics, we look to the U.S. Constitution’s text and values, as well as to American history and some of the country’s most important thinkers, to discover the best explanations of our constitutional ideals of liberty. Through these curated anthologies of historical, political, and legal classic texts, Penguin Liberty offers everyday citizens the chance to hear the strongest defenses of these ideals, engage in constitutional interpretation, and gain new (or renewed) appreciation for the values that have long inspired the nation. Questions of liberty affect both our daily lives and our country’s values, from what we can say to whom we can marry, how society views us to how we determine our leaders. It is Americans’ great privilege that we live under a Constitution that both protects our liberty and allows us to debate what that liberty should mean.

A Nation Dedicated to Religious Liberty

Author : Arlin M. Adams
Publisher : University of Pennsylvania Press
ISBN 13 : 0812292324
Total Pages : 189 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis A Nation Dedicated to Religious Liberty by : Arlin M. Adams

Download or read book A Nation Dedicated to Religious Liberty written by Arlin M. Adams and published by University of Pennsylvania Press. This book was released on 2015-02-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a concise overview of the historical development and judicial interpretation of the First Amendment religion clauses. It begins with a survey of the history of American religious liberty, goes on to present the views of the Founding Fathers, and then considers the core value of religious liberty and the constitutional purposes that implement that value. the book ends on a practical note by applying these principles to questions of equal access, religious symbolism in public life, and the task of defining religion for constitutional purposes. As the authors note in their introduction, "the historical principles that animate the religion clauses are more than an abstract intellectual exercise. . . . They provide an essential context for guiding the resolution of modern religious liberty issues."

Religious Freedom in an Egalitarian Age

Author : Nelson Tebbe
Publisher : Harvard University Press
ISBN 13 : 0674974891
Total Pages : 230 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Religious Freedom in an Egalitarian Age by : Nelson Tebbe

Download or read book Religious Freedom in an Egalitarian Age written by Nelson Tebbe and published by Harvard University Press. This book was released on 2017-01-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Fundamental Liberties of a Free People

Author : Milton Konvitz
Publisher : Routledge
ISBN 13 : 1351310666
Total Pages : 452 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Fundamental Liberties of a Free People by : Milton Konvitz

Download or read book Fundamental Liberties of a Free People written by Milton Konvitz and published by Routledge. This book was released on 2018-01-16 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

Liberty of Conscience

Author : Martha Craven Nussbaum
Publisher : Basic Books (AZ)
ISBN 13 : 0465051642
Total Pages : 418 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Liberty of Conscience by : Martha Craven Nussbaum

Download or read book Liberty of Conscience written by Martha Craven Nussbaum and published by Basic Books (AZ). This book was released on 2008-02-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.