The Constitutional Dynamics of Religious Manifestations

Sohail Wahedi, The Constitutional Dynamics of Religious Manifestations (2019, PhD thesis)

328 Pages Posted: 1 Nov 2019 Last revised: 11 Nov 2019

See all articles by Sohail Wahedi

Sohail Wahedi

Leiden Law School | Department of Jurisprudence

Date Written: November 28, 2019

Abstract

The justification grounds for a special right to religious freedom have been scrutinized in the public and the scholarly debates across liberal democracies. In the public debate, the legal admissibility of some religious manifestations has been challenged for reasons that suggest religious manifestations have been favored in law qua religious. In the scholarly debate, the focus has been on the “specialness” of religion and the justification grounds for singling out religion qua religion for a favored treatment in law. However, recent developments show that religion has also been singled out qua religion for a disfavored treatment. This project pays attention to both angles of the debate on law and religion. To this end, it combines the outcomes of six separate articles, each touching upon a different aspect of this debate. As such, it elaborates in the first four articles on the question whether religion qua religion deserves special legal solicitude. Subsequently, it explores in the last two articles on singling out religion qua religion for a disfavored treatment in law.

Keywords: Law and Religion; Religion in Liberal Political Philosophy; Freedom of Religion; First Amendment; Non-Establishment Clause

Suggested Citation

Wahedi, Sohail, The Constitutional Dynamics of Religious Manifestations (November 28, 2019). Sohail Wahedi, The Constitutional Dynamics of Religious Manifestations (2019, PhD thesis), Available at SSRN: https://ssrn.com/abstract=3465916

Sohail Wahedi (Contact Author)

Leiden Law School | Department of Jurisprudence ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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