Constitutional Law, Religion and Equal Liberty : The Impact of Desecularization book cover
1st Edition

Constitutional Law, Religion and Equal Liberty
The Impact of Desecularization





ISBN 9781032088938
Published June 30, 2021 by Routledge
192 Pages

USD $48.95

Prices & shipping based on shipping country


Preview

Book Description

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Table of Contents



Part I Conceptualizing the issue



Chapter 1 Constitutional but not constitutionalism



Chapter 2 Beyond the secular/religious divide



Part II: Constitutional developments and the development of constitutionalism



Chapter 3 The object of constitutions and constitutionalism



Part III The past, the present and the perhaps: Constitutional de-secularization in context



Chapter 4: Political change and constitutional change in Afghanistan, Iran and Iraq



Chapter 5 Freedom of thought, expression and political participation in the Afghan, Iranian and Iraqi constitution



Chapter 6 Conclusions

...
View More

Author(s)

Biography

Azin Tadjdini is an Associate Human Rights Officer at the UN Office of the High Commissioner for Human Rights.