Part III, 11 Religious Group Autonomy

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
The State ◽  
Religious Group ◽  
Religious Communities ◽  
Religious Leaders ◽  
Religious Groups ◽  
The Third ◽  
Matters Of Concern ◽  
The Right

This chapter examines religious group autonomy, which comprises the right of religious communities to determine and administer their own internal religious affairs without interference from the state. It begins with a brief survey of the law's recognition of religious group autonomy. It contrasts a liberal understanding of religious autonomy with that of the religious communities themselves. It then focuses upon three illustrative matters of concern in this area. One is the right of religious groups to select their own religious leaders and ministers. The second is the right of groups to assemble for worship in buildings and locations of their choosing. The third concern is the right of religious communities to determine for themselves who they will marry within the rites of their communities.

The Secularized State

2020 ◽  
pp. 220-236
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Religious Freedom ◽  
Religious Faith ◽  
The State ◽  
Religious Communities ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Democratic State ◽  
Federal Constitutional ◽  
Freedom Of Belief ◽  
The Right

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.

Part 1 Freedom of Religion or Belief, 1.3.9 Communicate with Individuals and Communities on Religious Matters at the National and International Level

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Public Order ◽  
International Level ◽  
Right To Communicate ◽  
The Right ◽  
Domestic Level

This chapter focuses on issues concerning the right to communicate on religious matters at the national and international level. Such communications not only encompass transmitting and receiving verbal or written religious messages, but also personal contacts, processions, and pilgrimages. At the domestic level, processions or parades may provoke violent clashes and public order problems, often leading the State authorities to ban or restrict such processions. Meanwhile, at the international level, religious communities and their pilgrimage sites are usually not confined to the territory of only one State, which naturally leads to the need for international communications and pilgrimages. This situation illustrates the overlap of the right to communicate in matters of religion also with the rights to disseminate publications and to teach a religion or belief. Issues of interpretation include the questions whether communications are also covered by this freedom if they are made for proselytizing purposes or if they involve transfrontier travels in order to attend a religious meeting or undertake a pilgrimage.

Auf der Suche nach dem kirchenpolitischen System der Reichsverfassung

2020 ◽  
Vol 106 (1) ◽  
pp. 50-69
Author(s):  
Heinrich de Wall
Keyword(s):  
The State ◽  
Self Determination ◽  
Religious Communities ◽  
Public Corporations ◽  
State Supervision ◽  
German Constitution ◽  
Academic Discussion ◽  
Church Law ◽  
The Right

AbstractIn search of the system of the state-church relation in the German Constitution – the academic discussion about state church law in the period of Weimar. The academic discussion during the period of Weimar about the state-church relation as it was adjusted by the German Constitution lasted only thirteen years. Among many other themes it focussed on the right of self-determination of religious communities and its limits, on the churches’ status as public corporations, and on the extent of state supervision over the churches. Summarizing these topics, the question how the “system of church politics of the constitution” could be defined was widely discussed. As the state-church regulation was the result of a compromise between fundamentally opposing positions, it was hardly possible to find a summarizing term for this concept. The formulations which were proposed clearly reflect this difficulty. Irrespective of this, the Weimar discussion developed principles of the state church law which are still valid.

scholarly journals On the optical and physical properties of tabasheer. By David Brewster, LL. D. F. R. S. Lond. and Edin. In a letter to the Right Hon. Sir Joseph Banks, Bart. G. C. B. P. R. S. &c

1833 ◽  
Vol 2 ◽  
pp. 115-116
Keyword(s):  
Optical Properties ◽  
Specific Gravity ◽  
Physical Properties ◽  
The State ◽  
Index Of Refraction ◽  
Flint Glass ◽  
The Third ◽  
Refractive Power ◽  
The Absolute ◽  
The Right

Tabasheer is a substance found in the cavities of the bamboo, existing originally in the state of a transparent fluid, but gradually indurating into a solid of different degrees of hardness: it consists of 70 silica, + 30 potash and lime. One variety has a milky transparency, transmitting a yellowish, and reflecting a bluish light; another is translucent, and a third opake: the two first varieties become transparent, and evolve air when immersed in water: the third evolves air also, but remains opake. If the first varieties be only slightly wetted they become quite opake. The property of acquiring transparency by the evolution of air from, and the absorption of water by its pores, belongs also to the hydrophanous opal; but the faculty of becoming opake by a small quantity, and transparent by a larger, of water, shows a singularity of structure in tabasheer. As the tabasheer disengages more air than hydrophane, its pores must be more numerous; and therefore the transmission of light, so as to form a perfect image, indicates either a very feeble refractive power or some peculiarity in the construction of its pores. To determine this, Dr. Brewster formed a prism of tabasheer with an angle of 34° 15', and upon measuring its refractive power found it very low, though various in different specimens, the index of refraction varying from 1·11 to 1·18, that of water being 1·33, of flint-glass 1·60, of sulphur 2·11, of phosphorus 2·22, and of the diamond 2·47. So that tabasheer has a lower refractive power than any other solid or liquid, and holds an intermediate place between water and the gases. Dr. Brewster then gives a formula for computing the absolute refractive power of bodies, and a table of results, from which it appears that, in this respect, the refractive power of tabasheer is so low as to be separated by a considerable interval from all other bodies. The author next proceeds to detail a variety of experiments upon the absorbent powers of the different kinds of tabasheer, in respect to several liquids, and the corresponding effects upon its optical properties and specific gravity, and concludes with observations on the cause of the paradox exhibited by the transparent tabasheer, in becoming opake by absorbing a small quantity of water, and transparent when the quantity is increased.

scholarly journals Pilar-Pilar Kerukunan Beragama di Sulawesi Utara

2020 ◽  
Vol 3 (2) ◽  
pp. 013
Author(s):  
Nasruddin Yusuf ◽  
Faradila Hasan
Keyword(s):  
Qualitative Method ◽  
Religious Communities ◽  
Religious Leaders ◽  
The Third ◽  
North Sulawesi ◽  
The Government ◽  
Sociological Approaches ◽  
The City

This article discusses the pillars that are at the root of maintaining harmony among religious communities in North Sulawesi Province. When in several cities in Indonesia riots and conflicts occurred only in the City of Manado (North Sulawesi Province) there were no riots and conflicts, whereas when viewed from demographic status that is similar to cities that occurred riots, Manado City has the potential for conflict. However, there are three pillars that make conflict and riots not occur, although it cannot be denied that there are always events that are related to the issue of SARA (Suku, Agama, Ras, dan Antar Golongan; Stands for Ethnic, Religion, Race and Intergroups) that can be the cause of riots in North Sulawesi Province. However, it can always be handled well so that riots and conflicts do not occur. The method used in this study is a qualitative method using anthropological and sociological approaches. The three pillars are the pillar of culture, pillar of religious leaders and the choice of government. The first pillar is culture to be one of the pillars of harmony in North Sulawesi Province because of the existence of mapalus culture. The second pillar, namely religious leaders, becomes a mobilizer in the community and plays a role in calling for sovereignty. The third breakdown is the government in which the government takes an important role by collaborating with religious leaders to safeguard harmony in North Sulawesi Province.Artikel ini membahas mengenai pilar-pilar yang menjadi akar dari terjaganya kerukunan antar umat beragama di Provinsi Sulawesi Utara. Ketika di beberapa kota di Indonesia terjadi kerusuhan dan konflik hanya di Kota Manado  (Provinsi Sulawesi Utara) tidak terjadi kerusuhan dan konflik, padahal jika dilihat dari status demografi yang mirip dengan kota-kota yang terjadi kerusuhan, Kota Manado berpotensi untuk terjadi konflik. Namun terdapat tiga pilar yang membuat konflik dan kerusuhan tidak terjadi meskipun tidak dapat dipungkiri bahwa selalu saja muncul kejadian yang berkaitan dengan isu sara yang dapat menjadi pemantik kerusuhan di Provinsi Sulawesi Utara. Akantetapi, selalu saja dapat diatasi dengan baik sehingga tidak terjadi kerusuhan dan konflik. Metode yang digunakan dalam penelitian ini adalah metode kualitatif dengan menggunakan metode pendekatan antropologis dan sosiologis. Tiga pilar tersebut yaitu pilar budaya, pilar tokoh agama dan pilar pemerintah. Pilar pertama yaitu kebudayaan menjadi salah satu penopang kerukunan di Provinsi Sulawesi Utara karena adanya budaya “mapalus”. Pilar kedua yaitu tokoh agama menjadi penggerak disalam masyarakat dan berperan dalam menyerukan kedaiman. Pilar ketiga yaitu pemerintahan dimana pemerintah mengambil peran penting dengan bekerjasama dengan tokoh agama untuk menjaaga kerukuanan di Provinsi Sulawesi Utara.

The Chinese Buddhist Ecology in Post-Mao China: Contours, Types and Dynamics

2011 ◽  
Vol 58 (4) ◽  
pp. 498-510 ◽  
Author(s):  
Sun Yanfei
Keyword(s):  
Legal Status ◽  
Popular Religion ◽  
The State ◽  
Religious Groups ◽  
Political Structure ◽  
Mixed Form ◽  
State Recognition ◽  
Development Patterns ◽  
The Third

The author delineates the configuration of the Chinese Buddhist ecology in post-Mao China by focusing on three major types of religious actor found in the ecology. She spells out how the interactions between the internal characteristics of religious groups and external structural conditions have shaped the development patterns of groups in each type. First, the dominant Buddhist temples, which enjoy state recognition, have been beset by the hollowing-out process. Second, the type of Buddhist groups with ambiguous legal status has been growing vigorously in the interstices of the current Chinese socio-political structure but faces uncertainties. An array of actors and forms, including self-appointed monks and the mixed form of Buddhism and popular religion, exist on the fringe of institutional Buddhism and constitute the third type. Within this type, the syncretic sects, receiving censure from both the state and the Buddhist establishment, are forced to operate underground.

Architectural Design Controls on Places of Worship in Australia: State Encroachment on Religious Expression and Exercise

2014 ◽  
Vol 9 (1) ◽  
pp. 60-92
Author(s):  
Noel G. Villaroman
Keyword(s):  
Architectural Design ◽  
Religious Freedom ◽  
Religious Communities ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Religious Groups ◽  
Religious Expression ◽  
International Human Rights ◽  
Constituent Element ◽  
The Right

Abstract This article analyses the ramifications to the right to religious freedom when the design of proposed places of worship is subjected to architectural design controls imposed by Australian planning authorities. First, such design controls can impinge on the freedom of religious expression—that is, the ability of religious communities to express their beliefs through their built structures. Such expression of beliefs may be vital to their prescribed manner of worship, observance, practice or teaching. Second, they can pose a physical obstacle to a religious group’s freedom of religious exercise—that is, their actual conduct of rituals, ceremonies and other kinds of worship. It is argued that the rigid application of design controls hinders the ability of religious groups in Australia to fully exercise their right to establish and maintain places of worship which is a constituent element of the right to religious freedom as guaranteed in international human rights law.

scholarly journals Why Does the State Have the Right to Control Immigration?

2017 ◽  
Author(s):  
Sarah Song
Keyword(s):  
National Identity ◽  
Political Theory ◽  
Final Section ◽  
Public Debate ◽  
The State ◽  
Immigration Law ◽  
Freedom Of Association ◽  
The Third ◽  
The Right ◽  
Normative Justification

Public debate about immigration proceeds on the assumption that each country has the right to control its own borders. But what, if anything, justifies the modern state’s power over borders? This chapter provides an answer in three parts. First, it examines the earliest immigration law cases in U.S. history and finds that the leading theorist they rely upon falls short of providing adequate normative justification of the state’s right to control immigration. In the second part, it turns to contemporary political theory and philosophy, critically assessing three leading arguments for the state’s right to control immigration: (1) national identity, (2) freedom of association, and (3) ownership/property. The third and final section offers an alternative argument based on the requirements of democracy.

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals O DIREITO DE HOSPITALIDADE UNIVERSAL E O COLONIALISMO NO PENSAMENTO DE KANT

Alamedas ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 115-133
Author(s):  
Márcio Bonini Notari
Keyword(s):  
17Th Century ◽  
League Of Nations ◽  
The State ◽  
The Third ◽  
Perpetual Peace ◽  
The World ◽  
Cosmopolitan Law ◽  
The Right

RESUMONa segunda seção, Kant menciona: “Os artigos definitivos para a paz perpétua entre os Estados são três: o primeiro, a Constituição civil em cada Estado deve ser republicana. A constituição de um Estado preocupado com a liberdade das pessoas, enquanto componentes de uma sociedade, da sua dependência a uma legislação comum e da sua igualdade como cidadãos. O direito das gentes deve ser fundado sobre um federalismo de Estados livres. Para garantir um estado de paz, Kant sugere a formação de uma união entre os povos, que não seria o mesmo que um Estado congregando povos, pois cada um tem e deve conservar a sua individualidade e o terceiro, o direito cosmopolita deve ser limitado às condições da hospitalidade universal. Essa ultima concepção, Kant no final do século XVII, já falava do “direito da posse comunitária da superfície da Terra”, e que, em virtude de suas dimensões limitadas, somos obrigados a conviver uns com os outros, tornando-se necessário exercitar. Essa ultima concepção, permite problematizar a questão dos estrangeiros e do colonialismo reforçando a necessidade da liga das nações em assegurar o direito cosmopolita, regulador das relações entre Estado e Cidadãos de outros estados (Estrangeiros), em não ser tratados com hostilidade em qualquer parte do globo, numa perspectiva de uma cidadania universal.Palavras chaves: Direito dos povos, direito cosmopolita, colonialismo.In the second section, Kant mentions: “There are three definitive articles for perpetual peace between states: the first, the civil constitution in each state must be republican. The constitution of a State concerned with people's freedom, as components of a society, of their dependence on common legislation and of their equality as citizens. People's law must be founded on a federalism of free states. To guarantee a state of peace, Kant suggests the formation of a union between peoples, which would not be the same as a State congregating peoples, since each one has and must preserve its individuality and the third, the cosmopolitan right must be limited to conditions of universal hospitality. This last conception, Kant at the end of the 17th century, already spoke of the “right to community possession of the Earth's surface”, and that, due to its limited dimensions, we are obliged to live with each other, making it necessary to exercise. This latter conception allows us to problematize the issue of foreigners and colonialism, reinforcing the need for the league of nations to ensure the cosmopolitan right, which regulates relations between the State and Citizens of other states (Foreigners), in not being treated with hostility anywhere in the world. globe, in a perspective of universal citizenship.Key words: Peoples' law, cosmopolitan law, colonialism 

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