Relevant bibliographies by topics / Freedom of religion Constitutional law Church and state Geschichte

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  2. Dissertations / Theses
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Academic literature on the topic 'Freedom of religion Constitutional law Church and state Geschichte'

Author: Grafiati
Published: 4 June 2021
Last updated: 4 February 2022

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Journal articles on the topic "Freedom of religion Constitutional law Church and state Geschichte"

1

Faraguna, Pietro. "Regulating Religion in Italy." Journal of Law, Religion and State 7, no. 1 (2019): 31–56. http://dx.doi.org/10.1163/22124810-00701003.

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This article focuses on state-church relations and on the peculiar implementation of the “idea of secularism” in Italy. First, it explores the formal provisions of the 1848 Constitution. Next, it investigates constitutional provisions that came into force in 1948. Finally, it examines how the actors of the living constitution (legislators, the government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the area of religious freedom, equality, and state-church relations. The article expl
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Kenny, David. "The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution." European Constitutional Law Review 16, no. 3 (2020): 417–39. http://dx.doi.org/10.1017/s1574019620000218.

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Constitution making – Disagreement – Principled constitutionalism versus unprincipled bargaining – Pragmatism – Church and state – Separation of religion and law – Maintaining religious peace – Drafting of the Irish Constitution of 1937 – Placating Irish Catholicism – Accommodation of protestant religious minority – Balancing religious freedom and religiosity – Balancing fundamental rights and religious influence – Flexibility and adaptability – Pragmatic assessment of constitutions and constitution making
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Daly, Eoin. "Competing Concepts of Religious Freedom Through the Lens of Religious Product Authentication Laws." Ecclesiastical Law Journal 13, no. 3 (2011): 298–332. http://dx.doi.org/10.1017/s0956618x1100041x.

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Religious product authentication laws, predicated on conceptions of doctrinal authenticity, risk curtailing the religious freedom of dissenting adherents engaged in non-orthodox forms of the regulated practice. They may also entail discrimination between, or even the ‘establishment’ of, competing doctrinal viewpoints within religions. This raises important constitutional and theoretical questions surrounding the conceptual necessity, to religious freedom, of state neutrality in religious controversies. Comparative church–state jurisprudence reveals strikingly different approaches to the questi
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Sagan, Oleksandr N. "State-confessional relations in their practical expression in Ukraine." Ukrainian Religious Studies, no. 65 (March 22, 2013): 62–74. http://dx.doi.org/10.32420/2013.65.206.

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The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and
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Chitanava, Ekaterine, and Mariam Gavtadze. "Limitations to Freedom of Religion or Belief in Georgia: Legislation and State Policy." Religion & Human Rights 15, no. 1-2 (2020): 153–71. http://dx.doi.org/10.1163/18710328-bja10006.

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Abstract This article demonstrates legal and non-legal limitations of freedom of religion or belief (FoRB) in Georgia, characterized by an absence of relevant case law of common courts about restrictions to FoRB with legitimate aims. Instead, the State is using various instruments for interference, such as administrative barriers and artificial obstacles for religious communities. In certain occasions, its policy and practice do not comply with the constitutional principles and international human rights commitments of the country. The State’s preferential treatment of the dominant and influen
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Witte, Jr., John. "American Religious Liberty: An International Perspective." Ius Humani. Law Journal 8 (November 7, 2019): 99–122. http://dx.doi.org/10.31207/ih.v8i0.217.

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This Article compares United States religious freedom jurisprudence with prevailing international human rights norms. I distill these international religious freedom norms and evaluate how selected US Supreme Court cases both follow and depart from these norms. Part I identifies six principles of religious freedom defended by the American framers who crafted the First Amendment in 1791: liberty of conscience; free exercise of religion; religious pluralism; religious equality; separation of church and state; and no establishment of religion. Part II summarizes the mostly parallel norms of relig
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Kyrychenko, Yuriy, and Hanna Davlyetova. "Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 15–20. http://dx.doi.org/10.31733/2078-3566-2020-2-15-20.

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The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of r
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Kramer, Eric W. "Law and the Image of a Nation: Religious Conflict and Religious Freedom in a Brazilian Criminal Case." Law & Social Inquiry 26, no. 01 (2001): 35–62. http://dx.doi.org/10.1111/j.1747-4469.2001.tb00170.x.

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This article examines a criminal trial in Brazil that touched on the imagined role of religion in public life. The case involved a Protestant minister accused of religious discrimination and of vilipending an image of Nossa Senhora Aparecida, the patron saint of Brazil. The prosecution argued and the court concurred that the minister's iconoclastic verbal and physical gestures endangered the constitutional guarantee of religious freedom. Yet the defense claimed that his actions, stemming from his religious convictions, expressed this same principle of freedom. Different visions of religious fr
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PANGALANGAN, Raphael Lorenzo Aguiling. "Relative Impermeability of the Wall of Separation: Marriage Equality in the Philippines." Asian Journal of Comparative Law 13, no. 2 (2018): 415–46. http://dx.doi.org/10.1017/asjcl.2018.17.

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AbstractThe Philippine doctrine on the separation of church and state, while rooted in American constitutional tradition, continues to show vestiges of Spanish colonial rule. The Philippines adopted the union of church and state for three and a half centuries as a Spanish colony, but became a secular state after it was ceded to the United States of America in 1898. The wall of separation has since been maintained in all subsequent Philippine constitutions, only to be compromised in statutes and daily life. That conflict is most evident in marriage, a legal institution openly shaped by canon la
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Shunyayeva, Vera Anatolyevna, and Svetlana Viktorovna Vorobyeva. "REVIEW OF THE “ROUND TABLE” “STATE, SOCIETY AND THE CHURCH: STRENGTHENING INTERETHNIC AND INTERFAITH HARMONY, DEVELOPMENT AND IMPROVEMENT OF INTERACTION MECHANISMS”." Current Issues of the State and Law, no. 9 (2019): 124–31. http://dx.doi.org/10.20310/2587-9340-2019-3-9-124-131.

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We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interacti
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Dissertations / Theses on the topic "Freedom of religion Constitutional law Church and state Geschichte"

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Groll, Thilo. "Die Religionsfreiheit in der spanischen Verfassung /." Hamburg : Kovač, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/337814945.pdf.

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Dickinson, Meryl Angharad Seren. "Establishment vs disestablishment : constitutional review and the legal framework of the Church of England." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/15829.

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One of the most dynamic relationships historically has been that of the state with religion. Having been blamed for many wars and rebellions it comes as no surprise that those states continuing to model close relationships with an individual religion come under high scrutiny, especially now religious freedom plays such an important part in today's society. Furthermore, sociological theories have developed beyond metaphysical explanations of state authority and no longer depend on spiritual or religious explanations. The UK, with two established churches, is one such state with its relationship
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Gildenhuys, J. L. "An assessment of constitutional guarantees of religious rights and freedoms in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52662.

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Thesis (LLD)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: The central issue which is considered in this thesis is the meaning of the constitutional guarantees of religious rights and freedoms in South Africa. In other words, it is concerned with the functions of the state, through its laws or conduct, in respect of religion and with its relationship towards the institutional church or religious community. It is argued that religious freedom is, in fact, a bundle of rights and freedoms. The "essential rights and freedoms of religion" which constitute this "bundle" are identifie
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Books on the topic "Freedom of religion Constitutional law Church and state Geschichte"

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An introduction to constitutional interpretation: Cases in law and religion. Longman, 1991.

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2

Drake University. Constitutional Law Resource Center. Symposium. Law, religion and the "secular" state: Proceedings of the Second Annual Symposium of the Constitutional Law Resource Center, Drake University Law School, Des Moines, Iowa, April 13, 1991. The Center, 1991.

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Winzeler, Christoph. Religion im demokratischen Staat: Beiträge zum Religionsverfassungsrecht und zur Religionsfreiheit. Schulthess, 2012.

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Symposium of the Constitutional Law Resource Center (2nd 1991 Des Moines, Iowa). Law, religion and the "secular" state: Proceedings of the second annual Symposium of the Constitutional Law Resource Center, Drake University Law School, Des Moines, Iowa, April 13, 1991. The Center, 1991.

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5

How free can religion be? University of Illinois Press, 2006.

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6

Reimer, Haroldo. Liberdade religiosa na historia e nas constituições do Brasil. Oikos Editora, 2013.

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7

Botta, Raffaele. Sentimento religioso e costituzione repubblicana: Frammento per un progetto di manuale. G. Giappichelli, 1990.

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The Mormon question: Polygamy and constitutional conflict in nineteenth-century America. University of North Carolina Press, 2002.

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Canonico, Marco. Il ruolo della giurisprudenza costituzionale nell'evoluzione del diritto ecclesiastico. G. Giappichelli, 2005.

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Leszczyński, Paweł A. Zagadnienia wyznaniowe w Konstytucji RP. Semper, 2001.

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Book chapters on the topic "Freedom of religion Constitutional law Church and state Geschichte"

1

Böckenförde, Ernst-Wolfgang, Mirjam Künkler, and Tine Stein. "The Rise of the State as a Process of Secularization [1967]." In Religion, Law, and Democracy. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198818632.003.0008.

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Böckenförde shows how and why the modern state is a product of the historical process of secularization. Three key conflicts between papacy and European kings led to the establishment of administrative, political, and later legal structures independent from the Catholic Church: the Investiture Controversy (1087–1122), the confessional wars of the sixteenth and seventeenth centuries, and the declarations of rights as universal rather than based on religion in the Virginia Bill of Rights of 1776 and the French constitution of 1789. The modern state emerged from this process independent from the Church, without claims on the religious lives of its citizens or questions of sin and salvation. Böckenförde regards the constitutional recognition of freedom of religion as the bedrock of modernity. In the article, Böckenförde identifies what he regards as the core challenge facing the liberal democratic state, formulated in his most prominently cited sentence: ‘The liberal secularized state is sustained by conditions it cannot itself secure.’ Böckenförde argues that the modern state relies on a moral substance, thriving only under conditions of solidarity and cohesion that need to emanate from within society. Religiosity is one potential source of this moral substance. At the same time, one of the goals of the liberal state is the promotion and safeguarding of pluralism: If the modern state were to promote a given worldview or a sense of morality, it would violate the very liberalism on which it is founded. This dilemma has become known in the literature as the ‘Böckenförde dictum’.
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Künkler, Mirjam, and Tine Stein. "Böckenförde on the Relationship Between Theology, Law, and Political Theory." In Religion, Law, and Democracy. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198818632.003.0012.

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Part III comprises four articles dealing with the relation between theology, law, and political theory. Throughout all of these, Böckenförde clearly distinguishes between the demands on the individual that arise from religion, positive state law, and politics respectively. He also points out that religious legal concepts and state law need not be irreconcilably opposed to each other—there is the possibility of reconciliation between the truth-claims of revealed religion and the positivity of modern state law, as long as religious claims do not claim to be universally binding. Since the Second Vatican Council, the Catholic Church and the democratic constitutional state share common ground in the recognition of the freedom of the individual. The chapters reflect Böckenförde’s personal belief and attitude, expressed in the motto ...
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Dierenfield, Bruce J., and David A. Gerber. "In Search of Religious Liberty." In Disability Rights and Religious Liberty in Education. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043208.003.0005.

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This chapter discusses the origins of the Zobrests’ lawsuit against their public school district in Tucson, which refused on constitutional grounds to pay for Jim’s sign language interpreter in a Catholic school. For the Zobrests, federal disability laws and the First Amendment’s Free Exercise Clause entitled Jim to have this essential service. What follows is an analysis of the zigzag line of thinking employed by the U.S. Supreme Court as it grappled with church-state issues in the twentieth century prior to its consideration of the Zobrest case. For years, two titans of constitutional law—Catholic neoconservative William Bentley Ball and civil libertarian Leo Pfeffer—battled over what was legally permissible with regard to freedom of religion. Ultimately, the court enunciated a controversial Lemon Test to address this thorny area of its jurisprudence.
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