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Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307
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Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307
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Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
ISBN: 0674034457
Category : Political Science
Languages : en
Pages : 346
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Book Description
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.
Author: Susanna Mancini
Publisher: Edward Elgar Publishing
ISBN: 1786439298
Category : Law
Languages : en
Pages : 464
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Book Description
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.
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: Sanford Levinson
Publisher: Princeton University Press
ISBN: 0691152403
Category : History
Languages : en
Pages : 276
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Book Description
"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.
Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
ISBN: 9781107694545
Category : Law
Languages : en
Pages : 0
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Book Description
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.
Author: Azin Tadjdini
Publisher: Routledge
ISBN: 0429576587
Category : Law
Languages : en
Pages : 135
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Book Description
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.
Author: David Barton
Publisher: Wallbuilder Press
ISBN: 9781932225266
Category : Law
Languages : en
Pages : 548
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Book Description
In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.
Author: J. M. Balkin
Publisher: Harvard University Press
ISBN: 0674058747
Category : History
Languages : en
Pages : 305
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Book Description
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
