Constitutions, Religion and Politics in Asia
Indonesia, Malaysia and Sri Lanka

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Dian A. H. Shah (Author)

9781316634752, Cambridge University Press

Paperback / softback, published 21 February 2019

305 pages, 2 tables
23 x 15.3 x 1.5 cm, 0.5 kg

'This is a learned work on constitutional approaches to religious freedom. The author provides an incisive study of the constitution-making process in three deeply divided Asian polities. Their differing approaches to and models of constitutionalizing religious freedom are put forward as possible lessons for other fragmented societies. At the same time, we are alerted to the gap between theory and reality; the impact of electoral politics and religious nationalism; the link between religion and ethnicity; and the role of non-state actors in diminishing society's commitment to religious pluralism. Ultimately a Constitution is what happens, and the author shows that a bill of rights and an independent judiciary are not the bulwarks they are expected to be. This book may encourage further studies on the formulation of 'religion clauses' and the design of judicial institutions.' Shad Saleem Faruqi, Tunku Abdul Rahman Professor of Law, University of Malaya

As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society. Although constitutions establish legal and political structures of government institutions and provide tools for rights protection, they do not operate in a vacuum divorced from the games of power and the political realities surrounding them. Here, Shah sets out how constitutions operate and evolve, and demonstrates how constitutional provisions can produce unintended consequences over time. A vital new source of scholarship for students and scholars of law and religion, and comparative constitutional law, and those interested in issues of constitutionalism and legal and political history in Asia.

1. Introduction
2. Three constitutional arrangements on religion
3. Religion and religious freedom in public life
4. Religious freedom in divided societies and the role of the state
5. Constitutional adjudication on religion and religious freedom
6. Judicial institutions and the rule of law deficit
7. Religion, electoral politics and religious freedom
8. Conclusion.

Subject Areas: Constitutional & administrative law [LND], Comparative politics [JPB], Religion & beliefs [HR], Asian history [HBJF]