Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law

part Part I Frameworks and Overviews -- chapter Theoretical Frameworks -- chapter Issues and Overviews -- part Part II Discrimination against Religion -- chapter Theoretical Frameworks -- chapter Headscarf Controversies -- part Part III Discrimination by Religion -- chapter Employment, Family Law, and Customary Inheritance -- part Part IV Discrimination in Favour of Religion -- chapter Theoretical Frameworks -- chapter Crucifixes in Italian Classrooms.

Conscience and equality : negotiating emerging tensions / Russell Sandberg -- The right to religion : considerations of the principal International and European juridical instruments / Nicolae V. Dur -- Freedom of religion : Strasbourg and Luxembourg compared / Mark Hill QC -- State neutrality, religion, and the workplace in the recent case law of the European Court of Human Rights / María J. Valero Estarellas -- Religious freedom, anti-discrimination, and minority rights in Brazil / Rodrigo Vitorino Souza Alves -- Anti-discrimination legislation and regulation of employment decisions of religious schools in Australia / Greg Walsh -- Same-sex marriage : exemptions for celebrants and religious freedom / Rex Ahdar -- Marriages, civil unions, partnerships, and religion in South Africa after 1996 / Pieter Coertzen -- A fissure within the human rights system? : same-sex marriage claims and religious freedom of speech / Ursula C. Basset -- A 'Bare . . . purpose to harm'? Marriage and Catholic conscience / Helen M. Alvaré -- Protecting same-sex marriage and religious liberty / Thomas C. Berg and Douglas Laycock -- Religion and equality : reconcilable differences? / W. Cole Durham, Jr

What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Part I Frameworks and Overviews -- Theoretical Frameworks -- 1 Douglas Laycock (1989-90), 'Formal, Substantive, and Disaggregated Neutrality toward Religion', DePaul Law Review, 39, pp. 993-1018 -- 2 Kent Greenawalt (2006), 'Introduction' and 'Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination', in Religion and the Constitution: Volume 1: Free Exercise and Fairness, Princeton, NJ: Princeton University Press, pp. 1-10 and pp. 35-48 -- 3 Steven D. Smith (2010), 'Blooming Confusion: Religious Equality in the "Age of Madison''', and 'Unprincipled Religious Freedom', in Getting Over Equality, New York: New York University Press, pp. 10-26, pp. 62-82 -- 4 Nazila Ghanea (2012), 'Religion, Equality, and Non-Discrimination', in John Witte, Jr and M. Christian Green (eds), Religion and Human Rights: An Introduction, Cary, NC: Oxford University Press, pp. 204-17 -- Issues and Overviews -- 5 Abdullahi Ahmed An-Na'im (2012), 'Islam and Human Rights', in John Witte, Jr and M. Christian Green (eds), Religion and Human Rights: An Introduction, Cary, NC: Oxford University Press, pp. 56-70 -- 6 Lourens du Plessis (2011), 'The Constitutional Framework for the Protection of Religious and Related Rights in South Africa', in Tom Bennett (ed.), Traditional African Religions in South African Law, South Africa: UCT Press, pp. 90-111 -- 7 Natan Lerner (2007), 'Religious Liberty in the State of Israel', Emory International Law Review, 21, pp. 239-75 -- 8 John Finnis (2008), 'Discrimination between Religions: Some Thoughts on Reading Greenawalt's Religion and the Constitution: Establishment and Fairness', Constitutional Commentary, 25, pp. 265-71 -- Part II Discrimination against Religion -- Theoretical Frameworks