VIII. Ohne Körperschaftsgarantie keine Reichsverfassung?

2021 ◽  
Vol 107 (1) ◽  
pp. 333-358
Author(s):  
Achim Janssen
Keyword(s):  
Religious Communities ◽  
National Assembly ◽  
German Länder ◽  
Political Consensus ◽  
The Right

Abstract No Weimar Constitution without a guarantee of the corporate status of religious communities? The discussion about article 137 section 5 of the Weimar Constitution and its content in the National Assembly of Weimar. Some researchers hold that without the constitutional guarantee of the corporate status of religious communities in article 137 section 5 the Weimar Constitution in 1919 would not have come about. The minutes of the constituent Weimar National Assembly, however, do not indicate that the guarantee of the corporate status was in danger to fail in default of political consensus. Rather, the decision in favour of a constitutional guarantee of the corporate status had already been made early in the debate. Yet it remained unclear and controversial which rights this status contained, except of the right to taxation explicitly guaranteed by article 137 section 6 of the Weimar Constitution. The deputies assumed that the specific rights of the religious communities were not determined by Article 137 section 5 of the Weimar Constitution, but by the legislation of the German Länder.

scholarly journals Islam dan Pluralitas Agama (Studi Analisis tentang Model Pendekatan dalam Dialog Antar Umat Beragama di Indonesia)

2019 ◽  
Vol 4 (2) ◽  
pp. 428-451
Author(s):  
Andi Jufri
Keyword(s):  
Role Models ◽  
Religious Communities ◽  
Religious Plurality ◽  
Break Up ◽  
The Right

The plurality of religion is an inevitable phenomenon, and every religion emerges in a plural environment. If the pluralistas of these religions are not addressed appropriately, they will potentially lead to problems of vulnerability and conflict between religious communities, and this fact has already happened to monotheistic religions. To find a solution to the conflict between religious communities there needs to be the right approaches. What are the approaches used in efforts to break up conflicts between religious believers? This paper wants to uncover the problem of religious plurality in Indonesia and several approaches that can be used as role models in building dialogue between religious communities.

scholarly journals El control de los patrimonios monásticos en la Galicia moderna

2018 ◽  
pp. 7-36 ◽  
Author(s):  
Pegerto Saavedra ◽  
Keyword(s):  
Iberian Peninsula ◽  
Twelfth Century ◽  
Agricultural Land ◽  
Religious Communities ◽  
Religious Orders ◽  
Modern Age ◽  
Land Tenancy ◽  
Surface Measurements ◽  
Entire Amount ◽  
The Right

From the twelfth century on significant numbers of Benedictine and Bernardian monasteries in the region of Galicia owned great dominions that were ceded under foral arrangements to peasants. These land colonizers implemented strategies of undermining direct dominion thanks to the fragmentation, dispersion and extension of the land, along with the fact that the right to cultivate land could pass to relatives or neighbours. Moreover, the intense changes affecting the agricultural land structure in the Modern Age forced the religious orders to continually seek to control these farm lands and to clarify the obligations of the tenants. Ultimately it was not the amount of land or the surface measurements that mattered for estimating the properties, but rather the land production or rents. Mainly using the abundant documentation in the splendid Cistercian archives, this paper examines the various mechanisms that the monasteries employed in each period to seek to control their lands and rents. First were the attempts to define the delimitation of the lands (apeos). Next came efforts to transform foral land tenancy into leased land arrangements. Finally, in the last part of the Ancien Regime, prorating was used. Given the rather inefficient outcome of the delimitation of land and the failed attempts to end the foral arrangements, a cursory reading would suggest that the Galician monasteries were not very successful in their efforts. Yet their accounting indicates that they actually managed to collect almost the entire amount of their rents at the time of the disentailment and exclaustration of church lands, which is more than can be said of other religious communities throughout the Iberian Peninsula.

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.

Public Deficits and Surpluses in Federated States: A Review of the Public Choice Empirical Literature

2004 ◽  
Vol 22 (3) ◽  
pp. 123-145 ◽  
Author(s):  
Louis M. Imbeau
Keyword(s):  
United States ◽  
Public Choice ◽  
The United States ◽  
Empirical Literature ◽  
Systematic Observation ◽  
Economic Cycles ◽  
German Länder ◽  
Canadian Provinces ◽  
The Right ◽  
The Impact

Abstract The purpose of this paper is to review the empirical public choice literature explaining deficits levels in federated states. First, I describe theoretical constructs, showing how new theories have developed by releasing one of the basic Ricardo-Barro assumptions. Empirical results bearing on the federated states of Australia, Canada, Germany, Switzerland, and the United States are then reviewed to assess which hypothesis, in which setting, is confirmed by systematic observation. On the whole, this literature shows that economic cycles have an impact on budget balances. It also shows that deficits are higher in election years in German Lander, Canadian provinces, and American states, but not in Australian states nor in Swiss cantons. In addition, the literature tends to support the hypothesis that the stringency of budgetary rules is related to higher budget balances in Canada, Switzerland, and in the United States. Finally, government fragmentation has no impact on the budget balances of federated states and parties of the left do not have higher deficits than parties of the right, except in Switzerland where empirical evidence is mixed. Rather, parties of the center or of the right do have higher deficits in German Lander and in Canadian provinces. In the concluding section, I discuss two issues: the impact of rules, and the partisan cycle hypothesis.

Maduro retrenches as Guaido struggles in Venezuela

2019 ◽  
Keyword(s):  
Private Investment ◽  
Content Type ◽  
National Assembly ◽  
Policy Shift ◽  
The Right

Subject Political and economic retrenchment. Significance As opposition ‘interim president’ Juan Guaido faces a fretful run into his January 5 re-election as National Assembly president, incumbent President Nicolas Maduro is overseeing an informal liberalisation of the economy and exploring private investment and bond repayment options. Impacts In coming weeks Guaido’s supporters will lobby National Assembly members to ensure he is re-elected president of the Assembly. Maduro will focus on getting the right team and policy message together for his New Year address and potential period of policy shift. Negotiations look like the only serious way ahead for the opposition as National Assembly elections approach.

Diasporas, Extraterritorial Representation, and the Right to Vote

2015 ◽  
Vol 52 ◽  
pp. 185-221
Author(s):  
FRÉDÉRIC MÉGRET ◽  
RAPHAËL GIRARD
Keyword(s):  
Voting Rights ◽  
Foreign Nationals ◽  
National Assembly ◽  
Territorial Sovereignty ◽  
Main Effect ◽  
Right To Vote ◽  
The Right ◽  
Domestic Affairs

AbstractThis article argues that Canada’s policy of refusing extraterritorial electoral constituencies within its borders does not protect its territorial sovereignty or add any protection against foreign interference in its domestic affairs. Rather, its main effect is to alienate thousands of dual or foreign nationals residing in Canada by preventing them from being directly represented in their home state’s national assembly or legislature and, in some cases, from exercising their only voting rights.

The Issue of Parliamentary Suffrage at the Frankfurt National Assembly

1972 ◽  
Vol 5 (2) ◽  
pp. 127-149 ◽  
Author(s):  
Carol Rose
Keyword(s):  
United States ◽  
The United States ◽  
Constitutional Convention ◽  
National Assembly ◽  
Political World ◽  
Lower House ◽  
Universal Suffrage ◽  
Right To Vote ◽  
The Right ◽  
Electoral Law

Universal suffrage is a commonplace in today's political world. In modern Western states it seems self-explanatory that there should be a general right to vote, or at least the pretense of such a right; and it is rather the exception to universal suffrage that requires explanation—at best as a quaint local peculiarity, at worst as a sign of pigheadedness or paranoia. In our era of bland populism, it is easy to forget the nineteenth century's passion over suffrage matters. But passion there was: from the sanscullottes of the 1790's to the suffragettes of the 1910's, no decade of the nineteenth century, no part of the Atlantic world was entirely free from this all-important question. Indeed suffrage issues erupted regularly whenever and wherever internal political tensions ran highest. Anti-Bourbon agitation in Restoration France, Chartist demands in England, Negro emancipation in the United States, demands for reform of Bismarckian Germany's Prussian heartland—these issues spanned the century, and they all contained at least some taint of the suffrage question. The European revolutions of 1848–49 came roughly at the mid-point of this century-long suffrage debate, and these revolutions too raised in various ways the issue of the right to vote. And one of the most interesting discussions of the franchise question came in February and March of 1849, when Germany's abortive constitutional convention, the Frankfurt National Assembly, turned its attention to an Electoral Law for the lower house of the projected national representative body.

scholarly journals Komunikasi Dalam Kehidupan Beragama Melalui BISINDO

2021 ◽  
Vol 16 (2) ◽  
pp. 152
Author(s):  
I Made Sukma Muniksu
Keyword(s):  
Religious Life ◽  
Religious Communities ◽  
Social Cooperation ◽  
Internal Environment ◽  
Human Relations ◽  
The Right To Know ◽  
Core Elements ◽  
The Right ◽  
Different Cultures ◽  
To Receive

Living in a social and religious life, you will find very rapid differences in communication between Deaf and Hearing Friends. So that each individual must respect and respect each other. In this way, religious harmony will be realized. Listeners can learn BISINDO so they can communicate with Deaf Friends. Listening friends can learn starting from the easiest, namely recognizing letters and numbers. Because through letters and numbers can provide symbols that are very useful in communication. Communication is a basic human activity. There is not an individual who will not be involved in communication. In this relationship in communication, it is in the form of tolerance and information between religious communities which are the core elements of limited religious harmony within the internal environment of a religion. Meanwhile, horizontal relationships, or patterns of human relations with each other or humans with surrounding communities of different cultures, races, religions, be it in the form of social cooperation or individual patterns with individuals to build a stronger sense of brotherhood. A society with a social and religious life definitely needs communication. Even though the communication occurred between Listening Friends and Deaf Friends. All activities that occur in religious life cannot be separated from the communication from the communicator to the communicant. A deaf friend who uses BISINDO as a communicant has the right to know what information he gets from other people. In a diverse life, Teman Deaf also has the right to receive religious teachings that he believes in.

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