Constitution Writing, Religion and Democracy

This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.

Asl? Ü. Bâli (Edited by), Hanna Lerner (Edited by)

9781107694545, Cambridge University Press

Paperback / softback, published 21 June 2018

416 pages
23 x 15.2 x 2.4 cm, 0.62 kg

'This book will be of great value to anyone with an interest in constitutional law, particularly its operation in relation to religion. While firmly rooted in the legal discipline, the studies and editorial commentary also incorporate helpful perspectives from political and social sciences. The often neglected contexts with which the work engages, coupled with the fusion of new insights, make this a welcome addition to the literature in this field, and also signal new pathways that future commentators can fruitfully forage for new perspectives and understanding.' Javier García Oliva, Journal of Church and State

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 Asl? 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 Asl? Ü. Bâli and Hanna Lerner.

Subject Areas: Constitutional & administrative law [LND]