Constitutional Secularism in an Age of Religious Revival

by Rosenfeld, Michel; Mancini, Susanna

• ISBN13: 9780199660384
• ISBN10: 0199660387
• Format: Hardcover
• Copyright: 2014-03-16
• Publisher: Oxford University Press

Author Biography

Michel Rosenfeld, Professor of Human Rights and Director, Program on Global and Comparative Constitutional Theory, Yeshiva University,Susanna Mancini, Professor of Comparative Public Law, University of Bologna Law

Michel Rosenfeld is the Justice Sydney L. Robins Professor of Human Rights and director of the Program on Global and Comparative Constitutional Theory at the Benjamin N. Cardozo School of Law, Yeshiva University. He is the co-editor-in-chief of International Journal of Constitutional Law and the author or co-editor of numerous books, including Law, Justice, Democracy, and the Clash of Cultures: A Pluralist Account (2010) and most recently with Andras Sajo of The Oxford Handbook of Comparative Constitutional Law


Susanna Mancini is the Adjunct Professor of International Law and Associate Professor of Comparative Public Law at the University of Bologna.

Table of Contents

1. Introduction, Susanna Mancini and Michel Rosenfeld
Part I: Theoretical Perspectives on the Conflicts between Secularism and Religion
2. Conflicts Between General Laws and Religious Norms, Dieter Grimm
3. The Context of Secularism: A Critical Appraisal of the Post-Secular Argument, Nadia Urbinati
4. The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism, Karl-Heinz Ladeur
5. Preliminaries to a Concept of Constitutional Secularism, Andras Sajo
6. Recasting Secularism as One Conception of the Good Among Many in a Post-Secular Constitutional Polity, Michel Rosenfeld
Part II: Religion, Secularism and the Public Square
7. The Tempting of Europe, the Political Seduction of the Cross, Susanna Mancini
8. On the Secularization of the Public Square: Jews in France and in the United States, Pierre Birnbaum
9. Sovereignty and Laicite, Michel Troper
10. Egypt's New Constitution: the Islamist Difference, Lama Abu-Odeh
11. The Constitutional Boundaries of Religious Accommodation, Ran Hirschl and Ayelet Shachar
Part III: Religion, Secularism and Women's Equality
12. Headscarf v. Burqa: Two French bans with different meanings, Patrick Weil
13. Veiling and Women's Intelligibility, John Borneman
14. Reproductive Rights in a Jewish and Democratic State, Daphne Barak-Erez
Part IV: Religious Perspectives and the Liberal State
15. One among many? The Catholic Church between universalism and pluralism, Gustavo Zagrebelsky
16. Religious Marriage in a Liberal State, Gidi Sapir and Daniel Statman
17. Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions Of Western Secularism in the 'Jurisprudence of Muslim Minorities' (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March
Part V: The Confrontation between Secularism and Religion in Specific Contexts: Education and Free Speech
18. The Ultra-Orthodox Community in Israel and the Right to an Exclusively Religious Education, Gila Stopler
19. Religion and Freedom of Speech: Portraits of Muhammad, Robert Post