Matthias Koenig (auth.), Winfried Brugger, Michael Karayanni (eds.)3540733558, 978-3-540-73355-3, 978-3-540-73357-7
How closely correlated should church and state be? May a state recognize or dignify the role and meaning of religion at all, and if so can it treat different religious groups differently? This book intends to answer these questions through a portrayal and comparison of various legal orders including those of Germany, Israel, France and the USA.
Some authors consider the issue of “church and state” from an international law perspective. The analyses are structured from both a state-institutional as well as from a fundamental rights and human rights perspective. Here the religious and secular freedoms are brought into focus. Whether, and how, these church-and-state aspects vary within divergent modern state contexts – and how they transnationally evolve – is also discussed.
Table of contents :
Front Matter….Pages I-XVI
Front Matter….Pages 1-1
Religion and Public Order in Modern Nation-States: Institutional Varieties and Contemporary Transformations….Pages 3-17
Front Matter….Pages 19-19
On the Relationship between Structural Norms and Constitutional Rights in Church-State-Relations….Pages 21-86
The Model of State and Church Relations and Its Impact on the Protection of Freedom of Conscience and Religion: A Comparative Analysis and a Case Study of Israel….Pages 87-161
Front Matter….Pages 163-163
From the Acceptance of Interdenominational Christian Schools to the Inadmissibility of Christian Crosses in the Public Schools….Pages 165-180
The Headscarf of a Muslim Teacher in German Public Schools….Pages 181-197
Religious Garments in Public Schools in Separation Systems: France and the United States of America….Pages 199-242
Religion and Religious Symbols in European and International Law….Pages 243-252
Front Matter….Pages 253-253
Claiming Equal Religious Personhood: Women of the Wall’s Constitutional Saga….Pages 255-298
Does the Establishment of Religion Justify Regulating Religious Activities? — The Israeli Experience….Pages 299-332
The “Other” Religion and State Conflict in Israel: On the Nature of Religious Accommodations for the Palestinian-Arab Minority….Pages 333-377
Days of Worship and Days of Rest: A View from Israel….Pages 379-414
Human Rights and Religious Duties: Informed Consent to Medical Treatment under Jewish Law….Pages 415-434
Front Matter….Pages 435-435
Neutrality Between Church and State: Mission Impossible?….Pages 437-452
A Comment on Mark Weiner’s “Neutrality Between Church and State: Mission Impossible”….Pages 453-461
Back Matter….Pages 463-469
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