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Vol 23 No 5 May/June 2018

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Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law

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Edited by: Silvio Ferrari, W. Cole Durham Jr., Cristiana Cianitto, Donlu Thayer

ISBN13: 9781472416131
Published: August 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world.

Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

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Constitutional and Administrative Law, Human Rights and Civil Liberties

Part I Religion and Constitution:
Main Themes: Religion and the world's constitutions, W. Cole Durham Jr
God in constitutions and godless constitutions, Ivan C. Iban
Church and state relations in constitutions, Gerhard Robbers
Constitutional reception of international law provisions on religious freedom, Jorge Precht
Religion and the sources of law: Shari'ah in constitutions, Gianluca Parolin
Constitutional protections and limits to religious freedom, Johan D. Van der Vyver.

Part II National Experiences and Cases:
Religion and religions in the Latin American constitutional framework, Carmen Asiain
The constitutional principle of separation between church and state in Mexico, Pauline Capdevielle
Constitutional protection of religious and cultural minorities in sub-Saharan Africa, Kofi Quashigah
Religious freedom in the constitutions of the Maghreb, Nassima Ferchiche
Religious institutions and fundamental rights: applicability, interaction and limitations in South Africa, Helena Van Coller
Religion and basic Laws in Israel, Natan Lerner
Religion and equal treatment in the Nepalese constitution, Kanak Bikram Thapa
Constitutional, legislative and regulatory change regarding religion in China, Liu Peng, Brett G. Scharffs and Carl Hollan
The constitutionalization of freedom of religion in the European Union. What changes is the Charter of Fundamental Rights expected to bring about?, Emma Svensson
The right to religious liberty in English law, Julian Rivers
Religious equality in the Spanish constitutional system, Santiago Canamares Arribas.

Part III Open Issues:
Freedom of religion and freedom of speech in the French case law. A constitutional dilemma, Alain Garay
Freedom of religion, freedom of conscience and education - a Nordic example, Pamela Slotte
Religion and education in the Council of Europe: toward a 'soft' constitutionalization of a model of religious teaching?, Rafael Palomino Lozano
Comparing law's social role in American and Western-Eurpean constitutional conflicts over abortion, Ofrit Liviatan
Secular human rights, and religious pluralism: the British debate, Zachary R. Calo