Constitutional Intolerance: The Fashioning of the Other in Europe's Constitutional Repertoires

Administrative / Constitutional Law › Law

Constitutional Intolerance: The Fashioning of the Other in Europe's Constitutional Repertoires

By Mariëtta D.C. van der Tol
Cambridge University Press January 2025

Specifications

ISBN-13
9781009473958
Publisher
Cambridge University Press
Publication
January 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Constitutional Intolerance offers a deeper reflection on intolerance in politics and society today, explaining why minorities face the contestation of their public visibility, and how the law could protect them. Van der Tol refers to historical practices of toleration, distilling from it the category of 'the other' to the political community, whose presence, representation, and visibility is not self-evident and is often subject to regulation. The book considers 'the other' in the context of modern constitutions, with reference to (ethno)religious, ethnic, and sexual groups.

Theoretical chapters engage questions about the time and temporality of otherness, and their ambivalent relationship with (public) space. It offers examples from across the liberal-illiberal divide: France, the Netherlands, Hungary, and Poland. It highlights that vulnerability towards intolerance is inscribed in the structures of the law, and is not merely inherent to either liberalism or illiberalism, as is often inferred.

Table of Contents

1. What is constitutional intolerance?
2. Governing religious difference: toleration as legal practice
3. Toleration, time and the other
4. National identity, publicness, and public space
5. Dynamic interpretation of constitutional concepts: laïcité in France
6. Ad-libitum use of constitutional concepts: public order in the Netherlands
7. Constitutional identity as a political instrument: new fundamental law in Hungary
8. Pseudo-constitutional repertoires: the 'LGBT-free zones' in Poland
9. Conclusion: constitutional intolerance in context
Bibliography
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