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Christianity and Constitutionalism

Author : Nicholas Aroney
Publisher : Oxford University Press
Page : 513 pages
File Size : 36,18 MB
Release : 2022-09-27
Category : Constitutional law
ISBN : 0197587259

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The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.

The Biblical Roots of American Constitutionalism

Author : Joseph Livni
Publisher : Rowman & Littlefield
Page : 171 pages
File Size : 33,38 MB
Release : 2021-04-14
Category : Law
ISBN : 1793637229

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According to the conventional wisdom American constitutional democracy stemmed from Athenian democracy, Roman Law, English legal practices, and the Magna Carta. This book agrees that democracy was born in Athens. However, as the title suggests, the thesis of this book claims that constitutionalism in the sense of an agreed text sanctioning procedures of legislation, government, and power flow germinated in pre-state Israel better known as Israel of the Judges. The thesis of the book consists of three concepts: (1) The roots of American constitutionalism are in biblical Israel; this concept has been debated by scholars of constitutional history. (2) Proto-Israel also known as Israel of the Judges had no king as the Book of Judges claims; however it had a covenant which it enforced. Naturally, this belief is as old as the Bible; however, its proof is new. (3) American constitutionalism did not stem from studying and applying biblical recipes. It rather evolved through a sequence of embodiments each passing on the torch of essential traditions to its heir. This concept is new. The book is not intended to shake your understanding of the constitution; however it will answer questions you might have asked or even questions you never asked.

Constitutionalism and Religion

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 284 pages
File Size : 27,36 MB
Release : 2015-10-30
Category : Law
ISBN : 1785361627

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This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

Constitutional Faith

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 276 pages
File Size : 18,95 MB
Release : 2011-09-11
Category : History
ISBN : 0691152403

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"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Transcendent Justice

Author : Carl Joachim Friedrich
Publisher : Durham, N.C. : Duke University Press
Page : 138 pages
File Size : 34,14 MB
Release : 1964
Category : Political Science
ISBN :

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Constitutions and Religion

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 23,50 MB
Release : 2020-11-27
Category : Law
ISBN : 1786439298

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Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders.

Contending for the Constitution

Author : Mark A. Beliles
Publisher : Providence Foundation
Page : 8 pages
File Size : 20,93 MB
Release : 2005
Category : Bible
ISBN : 1887456198

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Contending for the Constitution is a companion volume to the popular work Defending the Declaration. As author Gary Amos did concerning the Declaration, Mark Beliles and Doug Anderson present their case that the Constitution is based on biblical principles and Christian influence. Using primary source evidence, the authors give an easy-reading history of the Constitutional Convention and the Founder's emphasis on religion being necessary for its success. They show how the spirit of the Constitution has greatly diminished today and issue a call for its defense. -- from the publisher.

Constitutionalism, Democracy and Religious Freedom

Author : Hans-Martien ten Napel
Publisher : Routledge
Page : 309 pages
File Size : 40,86 MB
Release : 2017-05-18
Category : Law
ISBN : 1317236904

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In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Constitutions, Religion and Politics in Asia

Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 15,21 MB
Release : 2017-10-26
Category : History
ISBN : 1107183340

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Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.