Constitutionalism, Democracy and Religious Freedom: To be Fully Human (Law and Religion)

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.-- Provided by Publisher Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Introduction -- Negotiating Amish-State Relations -- The "New Critics of Religious Freedom"--Main Thesis and Synopsis of the Book -- Approach -- Bibliography -- 1 In Medias Res: Communal Religious Freedom under Pressure -- Introduction -- Earlier Case Law -- Two Hypotheses -- Three Recent Cases -- Interpretation -- Hobby Lobby -- Evaluation -- Bibliography -- 2 Social Pluralist Constitutionalism -- Introduction -- Christianity and Liberalism -- Constitutionalism and its Limited Accommodation of Diversity -- "Civic Totalism"--Transconstitutionalism -- Pluralism and Checks and Balances -- The Common Good -- In Conclusion -- Bibliography -- 3 Pluriform Democracy -- Introduction -- "Dysfunctional Democracy" -- Public Reason -- Equal Political Voice Liberalism -- Pluriform Democracy -- Multicultural Democracy -- From Pluriform Democracy to Multicultural Democracy? -- In Conclusion -- Bibliography -- 4 A Generous Conception of Religious Freedom -- Introduction -- Sphere Sovereignty -- Additional Guidelines -- Nones -- Separation of Church and State -- An International Right -- Revolutionary Nature -- A Different Kind of Transformative Constitutionalism -- Conclusion -- Bibliography -- Conclusion: "A Horizon of Beauty" -- Introduction -- Confusion -- Pluralism -- Religious Freedom -- Liberal Pluralism -- Social Pluralist Constitutionalism -- Pluriform Democracy -- Political Legitimacy -- Democratic Ethos -- Anticipated Criticisms -- Final Remarks -- Bibliography -- Index In Both Europe And North America It Can Be Argued That The Associational And Institutional Dimensions Of The Right To Freedom Of Religion Or Belief Are Increasingly Coming Under Pressure. This Book Demonstrates Why A More Classical Understanding Of The Idea Of A Liberal Democracy Can Allow For Greater Respect For The Right To Freedom Of Religion Or Belief. The Book Examines The Major Direction In Which Liberal Democracy Has Developed Over The Last Fifty Years And Contends That This Is Not The Most Legitimate Type Of Liberal Democracy For Religiously Divided Societies. Drawing On Theoretical Developments In The Field Of Transnational Constitutionalism, [the Author] Argues That Redirecting The Concept And Practice Of Liberal Democracy Toward The More Classical Notion Of Limited, Constitutional Government, With A Considerable Degree Of Autonomy For Civil Society Organizations Would Allow Greater Religious Pluralism. The Book Shows How, In A Postsecular And Multicultural Context, Modern Sources Of Constitutionalism And Democracy, Supplemented By Premodern, Transcendental Legitimation, Continue To Provide The Best Means Of Legitimating Western Constitutional And Political Orders.-- In Medias Res : Communal Religious Freedom Under Pressure -- Conclusion : A Horizon Of Beauty. Hans-martien Ten Napel. Includes Bibliographical References And Index. "In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, [the author] argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders."-- Provided by publisher