Articles

Reflections on the Path of Religion-State Relations in New Zealand

I. Introduction II. The Past A. Pluralistic Roots, Religious Equality, And Secularism 1. Pluralistic Roots 2. An Ongoing Commitment To Religious Equality 3. Pragmatic Secularism B. A Concurrent Trend: A De Facto Or Cultural Christian Establishment III. The Present: Erosion Of The De Facto Christian Establishment A. Cultural Disestablishment and the NZBORA B. Erosion Of De Facto Establishment In Other Contexts C. Emergence Of A More Heterogeneous, Multicultural Society 1. Official State...

Religious Law and Secular Law in Democracy: The Evolutions of the Roman Catholic Doctrine After the Second Vatican Council

I. Introduction II. The Catholic Conception Of The Scope Of Religious Freedom Under Dignitatis Humanae A. A Narrower View: The European Court Of Human Rights B. Dignitatis Humanae: A Broader Understanding Of Religious Norms C. One Exception: The Public Order Understood As A Common Good In Conformity With The "Objective Moral Order" D. Dignitatis Humanae And Conscientious Objection III. Doctrinal Note On Some Questions Regarding The Participation Of Catholics In Political Life A. It Is Not...

Religious Freedom and Human Rights in South Africa After 1996: Responses and Challenges

I. Introduction II. Background A. South African History B. The 1996 South African Constitution III. Secular Human Rights And Religion IV. Challenges A. Universal Versus Contextual Rights B. "Living Law" C. No Separation Between Religious And Secular V. Responses To The New Constitution A. African Initiated Churches' Response B. White Reformed Response C. Muslim Response D. Traditional African Response VI. Conclusion The world may see significant changes in the South African Constitut...

Church-State Relations in the European Court of Human Rights

I. Introduction II. Key Provisions Of The ECHR A. Purpose of the ECHR B. Provisions of the ECHR Dealing with Religion III. The State And The Established Church A. The ECHR and Establishment 1. Limitations On Establishment 2. Church-State Relations In Practice: The Refah Partisi Case B. Permissible Scope Of State Support For Religion 1. State-Sponsored Financial Assistance For Religions 2. State-Sponsored Educational Assistance For Religions C. The Role Of Discrimination Laws D. State Co...

Democracy and Islam: An Odyssey in Braving the Twenty-First Century

I. Introduction II. Islam's Democratic Tradition A. Historical Background 1. The Emergence Of Democracy In Europe 2. Secular Despotism In The Middle East B. Democratic Parallels In Islam 1. Tauheed 2. Principles Of Governance In The Holy Quran C. Islam's Pluralistic Tradition III. The Decline And Potential Reemergence Of Democratic Ideals In The Muslim World A. The Decline Of Democratic Ideals Within Muslim States B. Potential Reemergence Of Democratic Ideals IV. Conclusion Appendix ...

Religion, Law, and Judiciary in Modern India

I. Introduction II. Constitutional Foundations A. General Provisions B. Community-Specific Provisions III. Legislation & State Practice A. Religious Conversion And Renouncement B. Religious Endowments In General C. Particular Shrines D. Protection Of Religious Places In General E. Foreign Pilgrimages F. Religious Laws Of Family Relations 1. Personal Laws Of The Christians And Parsis 2. Personal Laws Of The Hindus, Buddhists, Jains, And Sikhs 3. Personal Law Of The Muslims G. Misuse ...

Religious Freedom and Democratic Change in Spain

I. Introduction II. The Historical And Political Context Of The Organic Law On Religious Freedom III. The System Designed By The Constitution And The Organic Law Of Religious Freedom IV. Three Key Aspects Of The Spanish Transition A. The Support Of Ecclesiastical Hierarchy B. Consideration Of Religion As A Positive Social Phenomenon C. Regulation Of Specific Instruments For State Cooperation 1. Civil Effects Of Religious Marriage 2. Religious Education In Public Schools 3. Religious Assi...

The Questionable Grounds of Objections to Proselytism and Certain Other Forms of Religious Expression

I. Introduction II. Background: U.N. Standards Affecting Proselytism III. "Respect" As A Restriction On Proselytism A. Hate Speech Constraints B. The Development Of "Respect" In European Jurisprudence 1. Distinguishing Between Articles 9 And 10 2. Distinction Between Proper And Improper Proselytism 3. The Importance Of Particular Means Of Expression And Particular Contexts IV. Conclusion

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Defining One s Own Concept of Existence and the Meaning of the Universe: The Presumption of Liberty in Lawrence v. Texas

I. Introduction II. The Presumption Of Constitutionality: Substantive Due Process From Slaughterhouse To "Footnote Four Plus" A. The Original Meaning (and Early "Slaughter") of the Fourteenth Amendment B. The Rise and Fall of Early Substantive Due Process C. Substantive Due Process After Griswold: Footnote Four Plus D. Bowers v. Hardwick E. Substantive Due Process in the Rehnquist Court: Casey and Glucksberg III. Lawrence v. Texas A. The Facts and the Procedural Posture of Lawrence B. The Maj...