Constitutionalism in Rough Seas: Balancing Religious Accommodation and Human Rights in, Through, and Despite, the Law

American Behavioral Scientist, 2016, Vol. 60(8), 911–918

9 Pages Posted: 15 Jul 2016 Last revised: 1 Oct 2018

See all articles by Mirjam Künkler

Mirjam Künkler

Netherlands Institute for Advanced Study

Hanna Lerner

School of Political Science, Government and International Affairs, Tel Aviv University

Shylashri Shankar

Center for Policy Research

Date Written: July 1, 2016

Abstract

Introduction to a special issue of American Behavioral Scientist. The five articles included in the special issue highlight the various ways through which cultural, social, and political contexts affect the balance struck between rights protection and religious accommodation. The contributors accentuate the influence of domestic actors — key elites, courts, political parties, and civil society groups — in shaping the boundaries between the domains of religion and the state in constitutions, laws, and their interpretations, and the consequences of this boundary-drawing for religious polarization and rapprochement. Taken as a whole, the articles discuss the intended as well as the unintended consequences of the legal treatment, or even constitutionalization, of religion.

Suggested Citation

Künkler, Mirjam and Lerner, Hanna and Shankar, Shylashri, Constitutionalism in Rough Seas: Balancing Religious Accommodation and Human Rights in, Through, and Despite, the Law (July 1, 2016). American Behavioral Scientist, 2016, Vol. 60(8), 911–918, Available at SSRN: https://ssrn.com/abstract=2807253

Mirjam Künkler

Netherlands Institute for Advanced Study ( email )

Korte Spinhuissteeg 3
Amsterdam, 1012 CG
Netherlands

Hanna Lerner (Contact Author)

School of Political Science, Government and International Affairs, Tel Aviv University ( email )

Tel Aviv
Israel

Shylashri Shankar

Center for Policy Research ( email )

Dharma Marg
Chanakyapuri
New Delhi, 110022
India

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