Religion and new constitutions: recent trends of harmony and divergence

Article


Patrick, Jeremy. 2013. "Religion and new constitutions: recent trends of harmony and divergence." McGeorge Law Review. 44 (4), pp. 903-921. https://doi.org/10.2139/ssrn.2077274
Article Title

Religion and new constitutions: recent trends of harmony and divergence

ERA Journal ID33609
Article CategoryArticle
Authors
AuthorPatrick, Jeremy
Journal TitleMcGeorge Law Review
Journal Citation44 (4), pp. 903-921
Number of Pages19
Year2013
Place of PublicationSacramento, CA. United States
ISSN0030-8757
1520-9245
Digital Object Identifier (DOI)https://doi.org/10.2139/ssrn.2077274
Abstract

The explicit incorporation of Islamic principles in the constitutions of Iraq and Afghanistan has highlighted concern over the past decade that theocratic constitutionalism has become a rival to traditional liberal constitutionalism. Whereas liberal constitutionalism ascribes religion special value but places it in the sphere of the private through guarantees of religious freedom, equal protection of religion, and non-establishment, the emerging ideology of theocratic constitutionalism holds the potential to redefine all rights through the lens of a particular religion.

This Article is an empirical study of whether, and to what degree, liberal constitutionalism has been supplanted by theocratic constitutionalism. Every constitution enacted since the year 2000 has been examined, and its provisions relating to religion sorted into the following categories: Preambular, Ceremonial Deism, Established Religion, Freedom of Religion, Equal Protection of Religion, and (non-)Establishment Clause. Analysis of the prevalence of these categories in new constitutions demonstrates that most new constitutions display some evidence of both liberal and theocratic constitutionalism.

Keywordssecularism; constitutionalism; religious freedom; theocracy
ANZSRC Field of Research 2020480702. Constitutional law
500405. Religion, society and culture
480302. Comparative law
Public Notes

© 2013 University of the Pacific, Calif. All rights reserved.
Published version deposited in accordance with the copyright policy of the publisher.

Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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