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Constitutions and Religion [Kõva köide]

Edited by
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 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 repolitizisation of religion. This innovative 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.

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.

Arvustused

Mancinis compilation and encapsulation of different religions and their relation to a nations 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 'A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.' -- Cecile 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

List of contributors
vii
1 Introduction: constitutionalism and religion in an age of consolidation and turmoil
1(20)
Susanna Mancini
PART I HISTORY, CONCEPTS, THEORIES
2 Constitution and secularism: a Western account
21(20)
Michel Rosenfeld
3 Secularism's others: the legal regulation of religion and hierarchy of citizenship
41(18)
Ratna Kapur
4 The theoretical framework of modern Islamic constitutionalism
59(16)
Andrew F. March
5 The modern architecture of religious freedom as a fundamental right
75(21)
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(15)
Silvio Ferrari
7 Constitutionalism and religion in common law North America
111(28)
Dia Dabby
Jean-Francois Gaudreault-DesBiens
8 Religious freedom in Latin American constitutions: from freedom from the Catholic Church to freedom from "gender ideology"
139(18)
Julieta Lemaitre Ripoll
9 Constitutions and religion in Africa
157(15)
Charles Manga Fombad
10 Islam, Sharia and comparative constitutionalism
172(12)
Abdullahi Ahmed An-Na'im
11 Managing religion and difference: ancient constitutionalism in the Theravada Buddhist tradition and the transformative impact of the modernist and post-colonial turn
184(24)
Roshan de Silva-Wijeyeratne
12 Constitutionalism and religion in a Jewish and democratic state
208(14)
Gila Stopler
13 Reforming religion: the Indian Constitution, the courts and Hinduism
222(15)
Ronojoy Sen
14 Three models of church-state relations in contemporary Russia
237(16)
Kristina Stoeckl
PART III THE CONSTITUTION AND POLITICS OF RELIGION
15 Religion in constitution-making processes: comparative perspectives
253(19)
Francesco Biagi
16 Religion and political parties
272(14)
Luca Ozzano
PART IV RELIGION AND SUPRANATIONAL CONSTITUTIONALISM
17 Individual religious freedom under the European Convention of Human Rights
286(21)
Andras Sajo
Renata Uitz
18 Religion in the constitutional order of the European Union
307(14)
Ronan McCrea
19 Religion and human rights
321(26)
Christopher McCrudden
PART V CHALLENGES AND CONTROVERSIES
20 Gender justice and religious freedom in the post-secular age
347(23)
Susanna Mancini
Elena L. Cohen
21 Religious conscientious objection: a troubled path
370(13)
Isabelle Rorive
Ana Maria Correa
22 Constitutional law and the integration of Islam in Europe
383(16)
Christian Joppke
23 Blasphemy, freedom of expression and the role of constitutional rights: the case of Ireland
399(16)
Neville Cox
24 Pluralism and personal laws in India
415(18)
Far rah Ahmed
Index 433
Edited by Susanna Mancini, Department of Legal Studies, University of Bologna, Italy