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Constitution Writing, Religion and Democracy

CAD$149.95 (C)

Aslı Ü. Bâli, Hanna Lerner, John Madeley, Helen Hardacre, Tine Stein, Mark Farha, Soulaymane Bachir Diagne, Ergun Özbudun, Mirjam Künkler, Shylashri Shankar, Matthew Nelson, Nathan Brown, David Mednicoff, Nadia Marzouki
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  • Date Published: February 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107070516

CAD$ 149.95 (C)

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About the Authors
  • 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.

    • Explores religious issues during constitution drafting at a time when the political and legal analysis of religion is at the centre of academic and public interest worldwide
    • Presents a broad range of mostly non-Western case studies, where language or deep knowledge of local politics is often a barrier for English-speaking researchers
    • Traces both the legal and the political processes underpinning constitution writing, as opposed to focusing on comparative constitutional adjudication and interpretation by courts
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    Reviews & endorsements

    '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

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    Product details

    • Date Published: February 2017
    • format: Hardback
    • isbn: 9781107070516
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.73kg
    • availability: Available
  • Table of Contents

    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.

  • Editors

    Aslı Ü. Bâli, University of California, Los Angeles
    Aslı Ü. Bâli is Professor of Law at the University of California, Los Angeles School of Law, where her research focuses on public international law, arms control, human rights and international humanitarian law, and comparative law of the Middle East.

    Hanna Lerner, Tel-Aviv University
    Hanna Lerner is a Senior Lecturer in Political Science at Tel Aviv University, Israel, where her research focuses on comparative constitution writing, religion and politics, global justice, and international labour rights.


    Aslı Ü. Bâli, Hanna Lerner, John Madeley, Helen Hardacre, Tine Stein, Mark Farha, Soulaymane Bachir Diagne, Ergun Özbudun, Mirjam Künkler, Shylashri Shankar, Matthew Nelson, Nathan Brown, David Mednicoff, Nadia Marzouki

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