The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution

2020 ◽  
Vol 16 (3) ◽  
pp. 417-439
Author(s):  
David Kenny
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Fundamental Rights ◽  
Religious Minority ◽  
Religious Influence ◽  
Religion And Law ◽  
Pragmatic Assessment ◽  
State Separation ◽  
Constitution Making

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

scholarly journals Historical Foundations and Enduring Fundamentals of American Religious Freedom

2019 ◽  
Vol 33 (2) ◽  
pp. 156-167
Author(s):  
John Witte
Keyword(s):  
Eighteenth Century ◽  
First Principles ◽  
Religious Freedom ◽  
Religious Pluralism ◽  
Church And State ◽  
United States Supreme Court ◽  
The United States ◽  
Fundamental Rights ◽  
United States Supreme ◽  
Constitutional Protection

The eighteenth-century American founders believed that religion is special and deserves special constitutional protection, and that all peaceable faiths must be drawn into the constitutional process and protection. The founders introduced six constitutional principles for the protection of religious freedom: freedom of conscience, free exercise of religion, religious pluralism, religious equality, separation of church and state, and no state establishment of religion. Since the 1940s, the United States Supreme Court has upheld these religious freedom principles in more than 170 cases, albeit unevenly of late. Moreover, in recent years religious freedom has come under sharp popular and academic attack, particularly as religious pathologies have come to light and religious freedom claims have clashed with sexual liberty claims. This article calls for a return to the first principles of religious freedom for all, at home and abroad, and for a new balance between religious freedom and other fundamental rights claims.

The Content of Parental Rights

2017 ◽  
Author(s):  
Joseph Millum
Keyword(s):  
Religious Freedom ◽  
Fundamental Rights ◽  
Child Rearing ◽  
Parental Rights ◽  
Significant Extent ◽  
The Relationship

This chapter develops an account of the content of parental rights—that is, what they are rights to do and against whom they are held. It distinguishes between fundamental parental rights, which are grounded in the interests of the parents, and derivative parental rights, which are grounded in other considerations. It argues that parents have fundamental rights to realize the goods that they have made possible through their work in raising their child. The content of derivative parental rights will depend to a significant extent on how a society or community organizes child-rearing. To illustrate this view the chapter considers putative parental rights to physically punish one’s child and to exercise religious freedom with respect to one’s child. Finally, there is a discussion of the relationship between parental rights and various justice-related considerations. The chapter closes by summarizing a framework for evaluating whether a putative parental right is justified.

From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

scholarly journals UKRAINE ON THE WAY OF INTEGRATION TO THE EUROPEAN COMMUNITY

2020 ◽  
pp. 170-191
Author(s):  
Serhij Zdioruk
Keyword(s):  
Fundamental Rights ◽  
The Body ◽  
National Interests ◽  
Religious Influence ◽  
Electoral Laws ◽  
Historical Retrospect ◽  
Hybrid War ◽  
Effective Organization ◽  
Fundamental Rights And Freedoms ◽  
Ukrainian Society

The article analyzes the problems of political and religious influence of Russia on the formation of the Ukrainian state in historical retrospect and in modern conditions of hybrid war. Europe wants to see the civilized Ukraine, based on the primacy of law, sustainable development, values of democracy and freedom for all citizens without exception. It is not only about political and economic aspects, but also about spiritual and cultural ones. Constituting the Local Ukrainian Orthodox Church is a powerful spiritual and ideological pillar of the Ukrainian State in building a democratic society, strengthening its image in the world. With the above in view and under the described situation the issue of fast integration of Ukraine into the European and world community becomes more urgent. Religion plays a significant role in this process, which is so important to regulate by the legislation. Thus we see the need for continued reform of the Ukrainian legal system starting from the fundamental political system governed by the Constitution of Ukraine, electoral laws and in particular the body of laws governing the fundamental rights and freedoms of the citizens of Ukraine. The article suggests some high priority measures aimed on creation of conditions for realization of integrative opportunities of religious factors. The proposals provide concrete and effective tools, the implementation of which is aimed at neutralizing the threats of «russkiy mir» in Ukrainian society and formulates recommendations for effective organization of political and legal mechanisms to protect national interests and strengthen national security of Ukraine.

scholarly journals From America to the World: Protestant Christianity's Creation of Religious Liberty

2017 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Peter A. Lillback
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
Early Church ◽  
Economic Prosperity ◽  
Religious Persecution ◽  
Constitutional Protection ◽  
The Bible ◽  
The World ◽  
The Relationship

ABSTRACT: Half the population of the world to this day still has not experienced religious freedom. Religious persecution often still occurs at many places in the world. Research studies show that there is a direct correlation between religious freedom and economic prosperity. "Prosperity is the result of freedom, therefore the best way to improve the economic prosperity of a nation is to ensure freedom for its citizens." This article will first elaborate models of the relationship between church and state, and then explain the basic principle of the Bible regarding religious freedom. It further explains why incarceration of religious freedom or of conscience by the state is wrong, despite the reasons of protecting its citizens from false religion or from a cult. This paper will also explore religious persecution from the time of early church until the birth of Protestantism, and then speaks about the struggle and the protection of religious freedom. Furthermore this article goes into what underlies the constitutional protection of religious freedom in America, and then browse through the struggle and the protection of religious freedom as a struggle of the world. KEY WORDS: religious freedom, religious conflict, heresy, early church, Protestantism, religious freedom in the United States of America.

scholarly journals Constitutional law and international law at the turn of the century

2017 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
JA Frowein
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
Constitutional Law ◽  
The United States ◽  
Fundamental Rights ◽  
Strong Impact ◽  
World War ◽  
Constitutional Courts ◽  
Constitution Making

Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.

Secularism and US Religion Jurisprudence

2017 ◽  
Author(s):  
Caroline Corbin
Keyword(s):  
United States ◽  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
The State ◽  
Religious Liberty ◽  
Establishment Clause ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Constitutional Jurisprudence

Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.

Conclusion

2021 ◽  
pp. 207-214
Author(s):  
Spencer W. McBride
Keyword(s):  
Religious Freedom ◽  
Minority Groups ◽  
The United States ◽  
Religious Discrimination ◽  
Mob Violence ◽  
Religious Minority ◽  
Religious Minorities ◽  
Joseph Smith ◽  
Southern States

The Conclusion of the book considers the extent to which Joseph Smith was correct that the states’ rights doctrine condoned mob violence against religious minorities and that the United States would never experience universal religious freedom without a federal government empowered to protect religious minorities. The Missouri militia’s invocation of the violent expulsion of Mormons from the state as their plan to expel abolitionists in the 1850s is examined as a telling example. Joseph Smith’s presidential campaign and its tragic end encapsulate the failure of nineteenth-century Americans to establish universal religious freedom. Many Americans championed states’ rights as a way to maintain race-based slavery in the Southern states, but few acknowledged that this philosophy also disadvantaged religious minority groups. The Conclusion also considers the role of systemic religious discrimination in federal policy for the management of Utah Territory and the multiple denied applications for Utah statehood.

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