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Constitutional Law, Religion and Equal Liberty - The Impact of Desecularization (Paperback)
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Constitutional Law, Religion and Equal Liberty - The Impact of Desecularization (Paperback)
Series: Routledge Research in Constitutional Law
Expected to ship within 12 - 17 working days
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During the 20th century many countries embarked on a process of
constitutional secularization by which the role of religion
gradually became limited. Yet, by the late 20th century, and
increasingly following the end of the Cold War, this development
began to be challenged. This book examines the return of religion
in constitutions through the concept of constitutional
de-secularization. It places this phenomenon in the context of the
constitutional memory of the countries in which it has taken place
and critically examines it against the development and standards of
constitutionalism, as the prevailing constitutional legal and
political theory. Central to this analysis is the impact of
constitutional de-secularization on the regulation of equality in
liberty, that is, both the regulation of constitutional rights and
the scope for equality of those who are granted such rights. The
book argues that equal liberty forms an essential part of
constitutionalism as a theory, and that constitutionalism therefore
entails a continuous development towards expanding it. The first
and second part of the book presents a conceptual framework for the
study of constitutional de-secularization. The third part presents
and analyses three cases of constitutional de-secularization in
Afghanistan, Iran and Iraq. The book will be of interest to
researchers and policy-makers interested in constitutional history
and theory, and the role of religion in law and its compatibility
with human rights.
General
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