Constitutionalism and Religion

Author: Francois Venter
Publisher: Edward Elgar Publishing
ISBN: 9781785361616
Published In: October 2015
Format: Hardback , 288 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality.

Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted.

Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

Contents: PART I RELIGION, THE STATE AND CONSTITUTIONALISM 1. The Roots of a Relationship: Religion, The State and its Power 2. Globalization, Constitutional Law and Religion 3. Constitutionalism PART II RELIGION IN LAW 4. Religion in Constitutions 5. Religion in International Law 6. Travails of the Judges in Religious Cases PART III OBLIGATIONS OF THE CONSTITUTIONAL STATE IN RELIGIOUS MATTERS 7. The Weaknesses of Contemporary Statehood in the Face of Religious Pluralism 8. The Demands of Constitutionalism Regarding Religion 9. A Post-secular Approach to Religious Pluralism Index

Francois Venter, Potchefstroom Campus, North-West University, South Africa