By François Venter
'A well timed and immensely scholarly paintings to give an explanation for how current doctrines of secularism should be infused, enriched by way of the suggestion of goal constitutionalism. The author's wide-ranging comparative examine and his knowing of non secular structures, in addition to constitutions, judicial precedent and overseas legislation tools, are so much striking. this can be a paintings that merits critical world wide research and a spotlight by way of lecturers, scholars, spiritual leaders and governments.'
- Marinus Wiechers, Former crucial, collage of South Africa
'Constitutional preparations in relation to the connection among faith and the legislations have through the years mirrored a wealthy type, starting from the separation of faith and the legislation to the identification of faith and the law. Constitutionalism and faith records the wealthy different types of constitutional preparations of faith in lots of international locations of the realm and in admire of a very good number of pragmatic gains of our day by day lives, resembling schooling, labour family and the exhibit of spiritual symbols.'
- Johan D. van der Vyver, Emory college tuition of legislations, US
'Francois Venter's learn of Constitutionalism and faith is a tremendous contribution to the knowledge of church-state family within the glossy age. This international comparative exploration of the way governments have to interact with twenty-first century spiritual pluralism is refracted during the prism of the author's expert critique of the demanding situations confronted in post-apartheid South Africa. This ebook is a convenient street map whilst traveling via in all probability antagonistic territory.'
- Mark Hill quality control, collage of Pretoria, South Africa
This topical e-book examines how the pursuits of constitutionalism - strong and reasonable govt - are addressed at a time whilst the multi-religious composition of nations' populations hasn't ever earlier than been so suggested. How should still governments, courts and officers care for this range? the commonly authorised precept of treating others as you would like them to regard you and the common popularity of human dignity converse opposed to preferential remedy of any faith. confronted with critical demanding situations, this leads many experts to hunt shelter in secular neutrality. Set opposed to the backdrop of globalized constitutionalism in a post-secular period, Francois Venter proposes engaged objectivity instead to unachievable neutrality.
Bringing jointly the historical past of church and kingdom, the emergence of latest constitutionalism, constitutional comparability and the realities of globalization, this booklet bargains a clean viewpoint at the course during which suggestions to problems caused by means of spiritual pluralism could be sought. Its wide-ranging comparative analyses and views in keeping with fabrics released in quite a few languages supply a transparent exposition of the diversity of non secular matters with which the modern nation is more and more being confronted.
Providing a compact yet thorough historic and theoretical exposition, this ebook is a useful source for college students, constitutional students, judges and felony practitioners.
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Extra info for Constitutionalism and Religion
It is in fact used for various purposes, including mobilizing resistance against capitalism, and describing global trade, migration, politics, and so on. It can also, however, be used to a more positive purpose, namely to identify by means of comparison some global trends of a constitutional nature that are influencing the content and functioning of local constitutional law. The term ‘globalization’ implies more than occurrences across the boundaries of several countries. It also has to do with more than the international involvement of various states.
In fact, the constitutional law of any country can be understood properly only against the background of its history – and no state is, historically or currently, a constitutional island. 2 Furthermore, contemporary constitutional practice, be it in the form of constitutional drafting, legislation, administration or adjudication, has developed prominent comparative features. Credible 2 A telling example which is not always illuminated adequately is the influence of the 18th Century constitutional law of the United States on that of revolutionary France.
20 This description of religion may challenge the position taken here that agnosticism and atheism are essentially religious stances, because structures and rituals do not normally characterize the proponents of agnosticism or atheism. Put differently, opposition to structured and organized religion does not constitute a religion but it is ‘religious’, as in being based upon a profound belief. A profound religious conviction does not need to be organized or institutionalized. A useful test for the religious nature of agnosticism and atheism is their rejection of (other) religious beliefs as untrue, accepting only their own perception of the truth, albeit ‘anti-religious’.
Constitutionalism and Religion by François Venter