This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

The Law of Religious Organizations, provides the first modern systematic account of the English law relating to religious organizations. It introduces the subject through an historical overview of the relationship between church and state, and a depiction of contemporary patterns and structures of organized faith. It considers in depth the emerging human rights law of religious associations, the legal constitution of religious bodies, the status of ministers of religion and legal privileges associated with public religion.
Subsequent chapters examine the legal regulation of major aspects of religious life, including rituals, faith-based education and the delivery of faith-based welfare services. The book also considers broader questions of the legal regulation of religion in public life, from access to public discourse through formal and informal governmental consultation processes to safeguarding the presence of religious voices in the regulated mass media.
The final chapter draws together the author's reflections on trends at a broader level of constitutional theory. It argues that modern constitutional law occupies an uncertain position between establishment and secularism. While accepting a version of the secularization thesis in respect of English law, the author identifies but rejects legal secularism as a specific alternative to establishment. Instead, he argues for the clearer recognition of constitutional principles of autonomy and neutrality in the regulation of religious life.
The principal focus of the book is the law as it applies to non-established religions, but comparative reference is made throughout to the position of the Church of England. It emphasises the recent historical development of the law as an essential key to understanding current controversies and possible future resolutions.

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution. This book will be of central interest to all legal and constitutional theorists and human rights scholars.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.