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Constitutions and Religion
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.
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Critical Acclaim
Contributors
Contents
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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.
Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion.
This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.
Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion.
This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.
Critical Acclaim
‘Mancini’s compilation and encapsulation of different religions and their relation to a nation’s constitution, including supranational constitutionalism, should capture the wide attention of students, human rights activists, judges, practitioners, and researchers as it contributes to the contemporary debate on the role of religion in politics.’
– Nazia Khan, Journal of Law and Religion
‘A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.’
Cécile Laborde, University of Oxford, UK
‘Deftly edited by Susanna Mancini, this volume is a great synthetic overview of some of the most important constitutional issues of our time. It will be indispensable for anyone seeking to understand the role of contemporary constitutionalism.’
– Robert Post, Yale Law School, US
– Nazia Khan, Journal of Law and Religion
‘A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.’
Cécile Laborde, University of Oxford, UK
‘Deftly edited by Susanna Mancini, this volume is a great synthetic overview of some of the most important constitutional issues of our time. It will be indispensable for anyone seeking to understand the role of contemporary constitutionalism.’
– Robert Post, Yale Law School, US
Contributors
Contributors: F. Ahmed, A.A. An-Na‘im, F. Biagi, E.L. Cohen, A.M. Corrêa, N. Cox, D. Dabby, P.G. Danchin, R. de Silva-Wijeyeratne, S. Ferrari, C.M. Fombad, J.-F. Gaudreault-DesBiens, C. Joppke, R. Kapur, J. Lemaitre Ripoll, S. Mancini, A.F. March, R. McCrea, C. McCrudden, L. Ozzano, I. Rorive, M. Rosenfeld, A. Sajo, R. Sen, K. Stoeckl, G. Stopler, R. Uitz
Contents
Contents:
1 Introduction: constitutionalism and religion in an age of consolidation
and turmoil 1
Susanna Mancini
PART I HISTORY, CONCEPTS, THEORIES
2 Constitution and secularism: a Western account 21
Michel Rosenfeld
3 Secularism’s others: the legal regulation of religion and hierarchy of
citizenship 41
Ratna Kapur
4 The theoretical framework of modern Islamic constitutionalism 59
Andrew F. March
5 The modern architecture of religious freedom as a fundamental right 75
Peter G. Danchin
PART II CONSTITUTIONAL COEXISTENCE: MODELS OF
MANAGING RELIGION AND THE STATE
6 Constitutional models of law and religion relations in Western Europe 96
Silvio Ferrari
7 Constitutionalism and religion in common law North America 111
Dia Dabby and Jean-François Gaudreault-DesBiens
8 Religious freedom in Latin American constitutions: from freedom from
the Catholic Church to freedom from “gender ideology” 139
Julieta Lemaitre Ripoll
9 Constitutions and religion in Africa 157
Charles Manga Fombad
10 Islam, Sharia and comparative constitutionalism 172
Abdullahi Ahmed An-Na‘im
11 Managing religion and difference: ancient constitutionalism in the
Theravāda Buddhist tradition and the transformative impact of the
modernist and post-colonial turn 184
Roshan de Silva-Wijeyeratne
12 Constitutionalism and religion in a Jewish and democratic state 208
Gila Stopler
13 Reforming religion: the Indian Constitution, the courts and Hinduism 222
Ronojoy Sen
14 Three models of church-state relations in contemporary Russia 237
Kristina Stoeckl
PART III THE CONSTITUTION AND POLITICS OF RELIGION
15 Religion in constitution-making processes: comparative perspectives 253
Francesco Biagi
16 Religion and political parties 272
Luca Ozzano
PART IV RELIGION AND SUPRANATIONAL CONSTITUTIONALISM
17 Individual religious freedom under the European Convention of Human Rights 286
András Sajó and Renáta Uitz
18 Religion in the constitutional order of the European Union 307
Ronan McCrea
19 Religion and human rights 321
Christopher McCrudden
PART V CHALLENGES AND CONTROVERSIES
20 Gender justice and religious freedom in the post-secular age 347
Susanna Mancini and Elena L. Cohen
21 Religious conscientious objection: a troubled path 370
Isabelle Rorive and Ana Maria Corrêa
22 Constitutional law and the integration of Islam in Europe 383
Christian Joppke
23 Blasphemy, freedom of expression and the role of constitutional rights:
the case of Ireland 399
Neville Cox
24 Pluralism and personal laws in India 415
Farrah Ahmed
Index 433
1 Introduction: constitutionalism and religion in an age of consolidation
and turmoil 1
Susanna Mancini
PART I HISTORY, CONCEPTS, THEORIES
2 Constitution and secularism: a Western account 21
Michel Rosenfeld
3 Secularism’s others: the legal regulation of religion and hierarchy of
citizenship 41
Ratna Kapur
4 The theoretical framework of modern Islamic constitutionalism 59
Andrew F. March
5 The modern architecture of religious freedom as a fundamental right 75
Peter G. Danchin
PART II CONSTITUTIONAL COEXISTENCE: MODELS OF
MANAGING RELIGION AND THE STATE
6 Constitutional models of law and religion relations in Western Europe 96
Silvio Ferrari
7 Constitutionalism and religion in common law North America 111
Dia Dabby and Jean-François Gaudreault-DesBiens
8 Religious freedom in Latin American constitutions: from freedom from
the Catholic Church to freedom from “gender ideology” 139
Julieta Lemaitre Ripoll
9 Constitutions and religion in Africa 157
Charles Manga Fombad
10 Islam, Sharia and comparative constitutionalism 172
Abdullahi Ahmed An-Na‘im
11 Managing religion and difference: ancient constitutionalism in the
Theravāda Buddhist tradition and the transformative impact of the
modernist and post-colonial turn 184
Roshan de Silva-Wijeyeratne
12 Constitutionalism and religion in a Jewish and democratic state 208
Gila Stopler
13 Reforming religion: the Indian Constitution, the courts and Hinduism 222
Ronojoy Sen
14 Three models of church-state relations in contemporary Russia 237
Kristina Stoeckl
PART III THE CONSTITUTION AND POLITICS OF RELIGION
15 Religion in constitution-making processes: comparative perspectives 253
Francesco Biagi
16 Religion and political parties 272
Luca Ozzano
PART IV RELIGION AND SUPRANATIONAL CONSTITUTIONALISM
17 Individual religious freedom under the European Convention of Human Rights 286
András Sajó and Renáta Uitz
18 Religion in the constitutional order of the European Union 307
Ronan McCrea
19 Religion and human rights 321
Christopher McCrudden
PART V CHALLENGES AND CONTROVERSIES
20 Gender justice and religious freedom in the post-secular age 347
Susanna Mancini and Elena L. Cohen
21 Religious conscientious objection: a troubled path 370
Isabelle Rorive and Ana Maria Corrêa
22 Constitutional law and the integration of Islam in Europe 383
Christian Joppke
23 Blasphemy, freedom of expression and the role of constitutional rights:
the case of Ireland 399
Neville Cox
24 Pluralism and personal laws in India 415
Farrah Ahmed
Index 433
