Abstract

http://ssrn.com/abstract=1551608
 
 

Footnotes (201)



 


 



Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel


Josh Goodman


affiliation not provided to SSRN

Summer 2009

Hastings International and Comparative Law Review, Vol. 32, No. 2, p. 379

Abstract:     
This paper analyzes and compares how two democratic states, India and Israel, incorporate discrete areas of religious law into their secular legal systems. As religion has become an increasingly important political force in India and Israel, both countries have turned to constitutionalism and to civil courts to manage the role of religious law within the democratic system. This development represents the convergence of two global trends: an expansion in the power of courts and the growth of religious politics. This paper examines how the conflict of secular and religious legal norms has played out in the Israeli and Indian civil courts, and draws out lessons from these countries’ experiences with religious legal pluralism.

This paper argues that although the judiciaries in India and Israel generally issue rulings supporting secularism, they have only a limited ability to resist the trends that dominate majoritarian politics, including the pressures of religious constituencies, without losing legitimacy and power. Therefore, states that are generally committed to principles of secular governance and law should be wary about introducing elements of religious law into their legal systems, because in cases where civil legal principles conflict with religious mandates, regular civil courts may have difficulty upholding and enforcing the civil law.

Number of Pages in PDF File: 52

Keywords: Comparative Law, Judicial Review, International Law, Judges, Politics, Religion

Accepted Paper Series


Download This Paper

Date posted: February 15, 2010  

Suggested Citation

Goodman, Josh, Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel (Summer 2009). Hastings International and Comparative Law Review, Vol. 32, No. 2, p. 379. Available at SSRN: http://ssrn.com/abstract=1551608

Contact Information

Josh Goodman (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 699
Downloads: 116
Download Rank: 136,661
Footnotes:  201

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.406 seconds