Constitutional Secularism in an Age of Religious Revival
Constitutional Secularism in an Age of Religious Revival
Professor of Comparative Public Law
Professor of Human Rights and Director, Program on Global and Comparative Constitutional Theory
Cite
Abstract
The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. Chapters here provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism, and the public sphere. Part III examines the nexus between religion, secularism, and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.
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Front Matter
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Introduction
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Part I Theoretical Perspectives on the Conflicts between Secularism and Religion
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1
Conflicts Between General Laws and Religious Norms
Dieter Grimm
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2
The Context of Secularism: A Critical Appraisal of the Post-Secular Argument
Nadia Urbinati
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3
The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism
Karl-Heinz Ladeur
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4
Preliminaries to a Concept of Constitutional Secularism
András Sajó
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5
Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional Polity
Michel Rosenfeld
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1
Conflicts Between General Laws and Religious Norms
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Part II Religion, Secularism, and the Public Square
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6
The Tempting of Europe, the Political Seduction of the Cross: A Schmittian Reading of Christianity and Islam in European Constitutionalism
Susanna Mancini
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7
On the Secularization of the Public Square: Jews in France and in the United States
Pierre Birnbaum
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8
Sovereignty and Laïcité
Michel Troper
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9
Egypt’s New Constitution: The Islamist Difference
Lama Abu-Odeh
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10
The Constitutional Boundaries of Religious Accommodation
Ran Hirschl andAyelet Shachar
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6
The Tempting of Europe, the Political Seduction of the Cross: A Schmittian Reading of Christianity and Islam in European Constitutionalism
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Part III Religion, Secularism, and Women’s Equality
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Part IV Religious Perspectives and the Liberal State
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14
One Among Many? The Catholic Church Between Universalism and Pluralism
Gustavo Zagrebelsky
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15
Religious Marriage in a Liberal State
Gideon Sapir andDaniel Statman
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16
Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions of Western Secularism in the “Jurisprudence of Muslim Minorities” (Fiqh Al-Aqalliyyat) Discourse
Andrew F. March
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14
One Among Many? The Catholic Church Between Universalism and Pluralism
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Part V The Confrontation between Secularism and Religion in Specific Contexts: Education and Free Speech
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End Matter
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