Constitutional TheocracyHarvard University Press, 1. nov. 2010 - 314 sider At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. |
Indhold
1 The Rise of Constitutional Theocracy | 1 |
2 Constitutional Theocracy in Context | 21 |
3 The Secularist Appeal of Constitutional Law and Courts | 50 |
Constitutional Courts and the Containment of Sacred Law | 103 |
5 Courts as Secularizing Agents in the Nontheocratic World | 162 |
Constitutional Law and Religion Law | 206 |