Constitutional Secularism in an Age of Religious Revival PDF Download
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Author: Susanna Mancini
Publisher: OUP Oxford
ISBN: 0191025178
Category : Law
Languages : en
Pages : 400
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Book Description
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.
Author: Susanna Mancini
Publisher: OUP Oxford
ISBN: 0191025178
Category : Law
Languages : en
Pages : 400
Get Book Here
Book Description
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.
Author: Susanna Mancini (jurist.)
Publisher:
ISBN: 9780191748264
Category : Constitutional law
Languages : en
Pages : 349
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Book Description
Traditional models of constitutional secularism have struggled to accommodate the modern revival of religious politics. The concept has been criticised as empty or illegitimate, while political and legal struggles have contested its meaning. This title gathers leading experts to examine the scope and substance of constitutional secularism today.
Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231540736
Category : Religion
Languages : en
Pages : 465
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Book Description
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.
Author: Saba Mahmood
Publisher: Princeton University Press
ISBN: 0691153280
Category : Social Science
Languages : en
Pages : 254
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Book Description
How secular governance in the Middle East is making life worse—not better—for religious minorities The plight of religious minorities in the Middle East is often attributed to the failure of secularism to take root in the region. Religious Difference in a Secular Age challenges this assessment by examining four cornerstones of secularism—political and civil equality, minority rights, religious freedom, and the legal separation of private and public domains. Drawing on her extensive fieldwork in Egypt with Coptic Orthodox Christians and Bahais—religious minorities in a predominantly Muslim country—Saba Mahmood shows how modern secular governance has exacerbated religious tensions and inequalities rather than reduced them. Tracing the historical career of secular legal concepts in the colonial and postcolonial Middle East, she explores how contradictions at the very heart of political secularism have aggravated and amplified existing forms of Islamic hierarchy, bringing minority relations in Egypt to a new historical impasse. Through a close examination of Egyptian court cases and constitutional debates about minority rights, conflicts around family law, and controversies over freedom of expression, Mahmood invites us to reflect on the entwined histories of secularism in the Middle East and Europe. A provocative work of scholarship, Religious Difference in a Secular Age challenges us to rethink the promise and limits of the secular ideal of religious equality.
Author: Jacques Berlinerblau
Publisher: Houghton Mifflin Harcourt
ISBN: 0547473346
Category : History
Languages : en
Pages : 341
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Book Description
Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists.
Author: Vincent Legrand
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110720817
Category : Philosophy
Languages : en
Pages : 310
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Book Description
Embrassant le défi de la compréhension de l'islam en contexte autour de l'altérité et des normes, l'ouvrage est original à trois égards. Tout d'abord, par son approche trans-historique, où passés et présents sont intimement inter-reliés, éclairant des phénomènes contemporains à travers leurs enracinement et genèse historiques et en mettant en évidence des phénomènes passés dans la perspective, voire la prospective, d'enjeux contemporains. Ensuite, par son approche trans-religieuse et trans-civilisationnelle (en l'occurrence islamo-chrétienne) dans plusieurs chapitres, pour aborder l'islam, dans ses rapports avec les minorités et en tant que minorité lui-même en contexte européen, et, de manière comparée, avec le christianisme: une approche permettant par « expérience-miroir » de contextualiser l'islam, souvent prisonnier de prismes essentialisants. Enfin, l'ouvrage apporte, dans une perspective pluri- et inter-disciplinaire, un état des lieux de l'apport des diverses disciplines qui l'embrassent, à la pointe des connaissances des sciences humaines et sociales de 21e siècle.
Author: Leora Batnitzky
Publisher: Cambridge University Press
ISBN: 1108179533
Category : Law
Languages : en
Pages : 283
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Book Description
Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Richard Albert
Publisher: Cambridge University Press
ISBN: 1108355943
Category : Law
Languages : en
Pages : 483
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Book Description
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
Author: Gideon Sapir
Publisher: Oxford University Press
ISBN: 0190680342
Category : Law
Languages : en
Pages : 419
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Book Description
Israeli constitutional law is a sphere of many contradictions and traditions. Growing out of British law absorbed by the legal system of Mandate Palestine, Israeli constitutional law has followed the path of constitutional law based on unwritten constitutional principles. This book evaluates the development of the Israeli constitution from an unwritten British-style body of law to the declaration of the Basic Laws as the de facto Israeli constitution by the supreme court and on through the present day. The book is divided into a chronological history, devoted to a description of the process of establishing a constitution; and a thematic one, devoted to the review and evaluation of major constitutional issues that are also the subject of discussion and research in other countries, with emphasis on the unique characteristics of the Israeli case.
