24 Pages Posted: 17 Feb 2013
Date Written: 2005
Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against non-governmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of “constitutionalism,” and when necessary must be followed up by enforcement through personal action.
Keywords: freedom of conscience, constitutionalism
JEL Classification: K10
Suggested Citation: Suggested Citation
Belsky, Martin H., A Practical and Pragmatic Approach to Freedom of Conscience (2005). University of Colorado Law Review, Vol. 76, 2005; U of Akron Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2219463