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Constitutionalism Democracy And Religious Freedom
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Book Synopsis Constitutionalism, Democracy and Religious Freedom by : Hans-Martien ten Napel
Download or read book Constitutionalism, Democracy and Religious Freedom written by Hans-Martien ten Napel and published by Taylor & Francis. This book was released on 2017-05-18 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen
Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutionalism and Religion by : Francois Venter
Download or read book Constitutionalism and Religion written by Francois Venter and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Tragedy of Religious Freedom by : Marc O. DeGirolami
Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Book Synopsis Constitutions and Religion by : Susanna Mancini
Download or read book Constitutions and Religion written by Susanna Mancini and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitution Writing, Religion and Democracy by : Aslı Ü. Bâli
Download or read book Constitution Writing, Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Minorities and Religious Freedom in a Democracy by : James Massey
Download or read book Minorities and Religious Freedom in a Democracy written by James Massey and published by . This book was released on 2003 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Disestablishment and Religious Dissent by : Carl H. Esbeck
Download or read book Disestablishment and Religious Dissent written by Carl H. Esbeck and published by University of Missouri Press. This book was released on 2019-11-15 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.
Book Synopsis Religion, Law, and Democracy by : Ernst-Wolfgang Böckenförde
Download or read book Religion, Law, and Democracy written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2020-11-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Religious Ideas in Liberal Democratic States by : Jasper Doomen
Download or read book Religious Ideas in Liberal Democratic States written by Jasper Doomen and published by Rowman & Littlefield. This book was released on 2021-07-29 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Secularism in an Age of Religious Revival by : Susanna Mancini
Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by OUP Oxford. This book was released on 2014-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Changing Terrain of Religious Freedom by : Heather J. Sharkey
Download or read book The Changing Terrain of Religious Freedom written by Heather J. Sharkey and published by University of Pennsylvania Press. This book was released on 2021-09-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Meaning of Religious Freedom by : Franklin I. Gamwell
Download or read book The Meaning of Religious Freedom written by Franklin I. Gamwell and published by SUNY Press. This book was released on 1995-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most thorough philosophical analysis available of the principle of religious freedom. It draws on the thought of philosophers and political theorists (Rawls, Habermas, Murray, Rorty, Greenawalt, and Mead) rather than on the framers of the Constitution and the Bill of Rights.
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.
Book Synopsis Constitution Writing, Religion and Democracy by : Aslı Ü. Bâli
Download or read book Constitution Writing, Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2017-02-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.
Book Synopsis Civil Government and Religion by : Alonzo Trévier Jones
Download or read book Civil Government and Religion written by Alonzo Trévier Jones and published by . This book was released on 1889 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
