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State Neutrality: The Sacred, the Secular and Equality Law


ISBN13: 9781108481595
Published: January 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781108722995



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The state is legally required to be neutral towards religion, but in many countries it is increasingly anything but. This book conducts a comparative legal analysis of the church–state relationship within and between western countries – including the USA, France and Israel – that are key players in international and domestic dynamics in which religion and religious conflict take centre stage. It analyses how government accommodates diversity, how policies of multiculturalism and pluralism translate into legislation, the extent to which they address matters of religion and belief and what pattern of related issues then come before the courts. Finally, it considers how civil society and democracy in general can maintain a balance between the interests of those of different religions and beliefs and those of none.

In this illuminating study, Kerry O'Halloran shows how the relationship between religion and government affects civil society and the functioning of democracy in North America and Europe.

  • Analyzes the role of religion in civil society around the world
  • Includes an assessment of the law and practice relating to religion in Israel
  • Provides insight into important differences between Shari'a law and statute law

Subjects:
Comparative Law
Contents:
Part I. Background:
1. State neutrality: background history, concepts, principle
2. Civil society: pluralism, multiculturalism and the Church/State interface
3. International treaties, conventions, protocols and the ECtHR
Part II. The Benchmark Of State Neutrality: Contrasting Applications:
4. The US and the church/state wall
5. Canada and Bijuralism
6. England and the established church
7. France and Laïcité
8. Germany and the Vaterland
9. Israel: Halakha and Zionism
Part III. Towards a More Stable Civil Society:
10. Themes of Jurisdictional Commonality and Difference
11. State neutrality: a work in progress?
Conclusion