Islam Religious Liberty And Constitutionalism In Europe
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| Author | : Mark Hill KC |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 293 |
| Release | : 2024-02-08 |
| Genre | : Law |
| ISBN | : 1509966951 |
For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
| Author | : Mark Hill KC |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 457 |
| Release | : 2024-02-08 |
| Genre | : Political Science |
| ISBN | : 150996696X |
For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
| Author | : Winnifred Fallers Sullivan |
| Publisher | : University of Chicago Press |
| Total Pages | : 361 |
| Release | : 2015-07-22 |
| Genre | : Law |
| ISBN | : 022624850X |
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : Gary J. Jacobsohn |
| Publisher | : Harvard University Press |
| Total Pages | : 389 |
| Release | : 2010-10-25 |
| Genre | : Law |
| ISBN | : 0674047664 |
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
| Author | : Hossein Esmaeili |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 309 |
| Release | : 2017-12-14 |
| Genre | : Law |
| ISBN | : 1782257500 |
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
| Author | : Dia Anagnostou |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 0748670580 |
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
| Author | : Ahmet T. Kuru |
| Publisher | : Cambridge University Press |
| Total Pages | : 323 |
| Release | : 2019-08 |
| Genre | : History |
| ISBN | : 1108419097 |
Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.
| Author | : Jeroen Temperman |
| Publisher | : BRILL |
| Total Pages | : 630 |
| Release | : 2019-01-04 |
| Genre | : Law |
| ISBN | : 9004346902 |
As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
| Author | : Rex Ahdar |
| Publisher | : Oxford University Press |
| Total Pages | : 528 |
| Release | : 2013-03-21 |
| Genre | : Law |
| ISBN | : 0199606471 |
Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.
