Constitution Writing, Religion and Democracy

Cambridge University Press, 2/2/2017
EAN 9781107070516, ISBN10: 1107070511

Hardcover, 428 pages, 22.9 x 15.2 x 2.4 cm
Language: English

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Acknowledgments
Contributors
1. Introduction Aslı Ü. Bâli and Hanna Lerner
Part I. Constitution Writing and Religion under Limited Sovereignty
2. The curious case of religion in the Norwegian Constitution John Madeley
3. Religion and the Japanese Constitution Helen Hardacre
4. Constitution making and religion in West Germany in the shadow of state failure Tine Stein
Part II. Post-Colonial French-Influenced Constitution Writing and Religion
5. Secularism in a sectarian society
the divisive drafting of the 1926 Lebanese Constitution Mark Farha
6. The constitution of a 'laïc' African and Muslim country
Senegal Soulaymane Bachir Diagne
7. Constitution writing and religious divisions in Turkey Ergun Özbudun
Part III. Post-Colonial South Asian Constitution Drafting and Religion
8. Constitutionalism, Islamic law, and religious freedom in post-independent Indonesia Mirjam Künkler
9. Cross-cutting rifts in constitutions and minority rights
India, Pakistan, Sri Lanka Shylashri Shankar
10. Islamic law in an Islamic republic
what role for parliament? Matthew Nelson
Part IV. Constitution Writing and Religion in the Contemporary Middle East
11. Constitutional impasse, democracy and religion in Israel Hanna Lerner
12. Islam and constitutionalism in the Arab world
the puzzling course of Islamic inflation Nathan Brown
13. The politics of sacred paralysis
Islam in recent Moroccan and North African constitutions David Mednicoff
14. Dancing by the cliff
constitution writing in post-revolutionary Tunisia, 2011–2014 Nadia Marzouki
Part V. Lessons from the Cases
15. Designing constitutions in religiously divided societies Aslı Ü. Bâli and Hanna Lerner.