Religion-state Relationship and Constitutional Rights in India
Author: V. P. Bharatiya
Publisher:
Published: 1987
Total Pages: 482
ISBN-13:
DOWNLOAD EBOOKIncludes case law.
Posts
Constitutional Secularism in an Age of Religious Revival
Author: Susanna Mancini
Publisher: Oxford University Press, USA
Published: 2014
Total Pages: 386
ISBN-13: 0199660387
DOWNLOAD EBOOKTraditional 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 book gathers leading experts to examine the scope and substance of constitutional secularism today.
Constitutional Theocracy
Author: Ran Hirschl
Publisher: Harvard University Press
Published: 2010-11-01
Total Pages: 315
ISBN-13: 0674264452
DOWNLOAD EBOOKAt the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Religion, Secularism, and Constitutional Democracy
Author: Jean L. Cohen
Publisher: Columbia University Press
Published: 2015-12-22
Total Pages: 465
ISBN-13: 0231540736
DOWNLOAD EBOOKPolarization 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.
The Asian Yearbook of Human Rights and Humanitarian Law
Author: Javaid Rehman
Publisher: BRILL
Published: 2021-08-09
Total Pages: 489
ISBN-13: 9004466185
DOWNLOAD EBOOKThe Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Islam and the Secular State
Author: Abdullahi Ahmed An-Na'im
Publisher: Harvard University Press
Published: 2010-03-30
Total Pages: 346
ISBN-13: 0674261445
DOWNLOAD EBOOKWhat should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
Legalizing Religion
Author: Ronojoy Sen
Publisher:
Published: 2007
Total Pages: 80
ISBN-13:
DOWNLOAD EBOOKThe Oxford Handbook of the Indian Constitution
Author: Sujit Choudhry
Publisher: Oxford University Press
Published: 2016-05-03
Total Pages: 1328
ISBN-13: 0191058629
DOWNLOAD EBOOKThe Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
The Stillborn God
Author: Mark Lilla
Publisher: Vintage
Published: 2008-09-23
Total Pages: 354
ISBN-13: 030747271X
DOWNLOAD EBOOKA brilliant account of religion's role in the political thinking of the West, from the Enlightenment to the close of World War II.The wish to bring political life under God's authority is nothing new, and it's clear that today religious passions are again driving world politics, confounding expectations of a secular future. In this major book, Mark Lilla reveals the sources of this age-old quest-and its surprising role in shaping Western thought. Making us look deeper into our beliefs about religion, politics, and the fate of civilizations, Lilla reminds us of the modern West's unique trajectory and how to remain on it. Illuminating and challenging, The Stillborn God is a watershed in the history of ideas.
Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Published: 2010-08-05
Total Pages: 274
ISBN-13: 0199752834
DOWNLOAD EBOOKChief 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.
