Are State Churches Contrary to International Law?

2:1 Oxford Journal of Law and Religion pp. 119-149 (2013) (Forthcoming)

38 Pages Posted: 25 Apr 2013

See all articles by Jeroen Temperman

Jeroen Temperman

Erasmus School of Law, Erasmus University Rotterdam

Date Written: April 24, 2013

Abstract

This article focuses on state churches in liberal democracies, arguing that an international law-oriented analysis thereof generates legal arguments against state church models in se. In addition to arguments derived from legal theory against establishment of religion, there is comparative legal data substantiating a correlation between establishment and ‘governmental favoritism’; whilst legal-sociological data in turn substantiates a correlation between ‘governmental favoritism’ and increased restrictions on religious and other liberties. Accordingly, this article challenges the myth of ‘benign establishment’.

Keywords: state church, state religion, establishment of religion, human rights, freedom of religion, equality

Suggested Citation

Temperman, Jeroen, Are State Churches Contrary to International Law? (April 24, 2013). 2:1 Oxford Journal of Law and Religion pp. 119-149 (2013) (Forthcoming), Available at SSRN: https://ssrn.com/abstract=2255953

Jeroen Temperman (Contact Author)

Erasmus School of Law, Erasmus University Rotterdam ( email )

3000 DR Rotterdam
Netherlands

HOME PAGE: http://ridms.nl/temperman/

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