In Secular Democracies

RELIGIOUS FREEDOM

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Constitutions characteristically have an impact on how state authorities and religious

institutions relate. In several instances, to a certain degree, the constitution makes a foundation

and provides a structure under which the correlation between religious institutions and political

system legally. Even the protection impartiality and the secular nature of the state is as viewed

by the religious institutions is envisaged other constitutions. A majority, of people all over the

world, believe that identity by religious affiliation is a fundamental element of national and

social status; and to some extent recognized by the constitution. The aspiration to grant defense

for diverse nature of religion in some cases is a factor to consider in the structuring of the

constitution to create room for the legal rights of the religious institutions and affiliations.

However, in pursuant to recognition of religious institutions’ rights has a conspicuously

detrimental effect on the legal framework of the constitutions as it does not cover the people who

are not affiliated with any religious group. The chances of causing inter-religion disquiet are also

eminent in case one religious group feels that a particular religious group is favored

constitutionally than the other.

Generally and constitutionally in some constitutions around the world, the government’s

role is constricted concerning the religion and religious institutions though it is indubitable that

the facilitation of the government functions is a responsibility of human.Conceivably, the

religious influence on the character and responsibility of those who are tasked to discharge

government responsibilities is practically questionable. The common belief is that it does in

numerous cases.

Hirschl, Ran. Constitutional theocracy. Harvard University Press, 2011.

The neutral political stance gives recognition to the legality and honest inevitability of the

conviction of the religion while averting the institution of any faith. In fact, neutrality of the state

in another perspective portrays religion in a negative light thus endeavors to set up its

incredibility as an underline reifying the existence of the government. Under the inspiration of

his latest visit to Turkey, McClay is of the view that the initial comprehension of the state

neutrality to religion was the core of the vision of those who it is ascribed to ultimately resulting

to a distinctive as well as unsatisfactory interaction in American social life between the

government and religion.

Almost every religion tends to focus mainly on a couple of aspects of human living. The

most critical aspect in its focus is how human relates with the Supreme Being that is God and

provides a prescription for the particular types of prayers in accordance with the religion to

reinforce and maintain a good link with God. Secondly, the religious belief determines an

individual’s interaction with friends, family, and relatives. The expectations are doctrines of

many religions dictate that the members to treat the non-members and even the members in a

way that glorifies the name of God. In this view, the religion sets the moral standards of

behaviors and values that the members should emulate. In spite of inter-religious diversity, the

main religions in the world have an enormous universal confluence.

McConnell, Michael W. "Religious freedom at a crossroads." The University of Chicago Law

Review 59, no. 1 (1992): 115-194.

Hirschl, Ran. Constitutional theocracy. Harvard University Press, 2011.

Whichever act be it, political, social or political with an influence on the wellbeing of an

individual is regarded as encompassing either moral dimension or ethical dimension. The entire

leadership, diplomatic, political and even social deduces their observation value opinion.

In this view, religion is a standard set of values of morality that that is obligated to ensure

the wellbeing of a human being. Additionally, it is perceptible that religions historically have

drawn a clear line between what is considered holy and the dull and ordinary thus upholding a

stringent spot of impartiality in regard to the political sphere and are today more involved in

global affairs outside the long-established role and past the community faith.

For instance, the

religion has been more vocal in the recent past in condemning terrorism, other vices that are

inhuman and for such efforts, they are commended around the world.

The significant and perceptible function of the government is to ensure freedom of

religion is a collective right. These entail several concerning issues from religion to outside

religion. In a social and political aspect, they are inescapable for any government of the day all

over the world to have a stance on these issues. Assuming that religion is not involved in

political spheres, but its tropes are still noticeable in ethically and morally in the implementation

of government policy.

Duncan, Richard F. "Who Wants to Stop the Church: Homosexual Rights Legislation, Public

Policy, and Religious Freedom." Notre Dame L. Rev. 69 (1993): 393.

McConnell, Michael W. "Religious freedom at a crossroads." The University of Chicago Law

Review 59, no. 1 (1992): 115-194.

In Dec. 7

1965, the Catholic Church made public an imperative document in regard

freedom of religion and fundamental human right in relation to freedom of religion; this was at

Vatican Council

. This significant document fostered the individual basic rights to choice of

religion devoid of coercive forces and emphasized on the government’s key role in assuring

freedom of religion to its citizens without fear or favor. In the beginning, this document

highlights that the government should make certain that it is the constitutional powers do not do

not any anyway tend to intrude on the basic rights of an individual to associate and religion. In

this view, the requirement for free will in the society principally observes the pursuit for the

worthiness of the spirit of a human.

According to this document, the Council identified that in a vast number of nations the

government only advocates for the freedom of religion by words but not practical and to some

extent, the government infringes the citizens the right to freedom of religion.

In the declaration of freedom to religion, nearly 50 years have passed since the Catholic

Church emphasize that the prerequisite of peace all and harmony all over the world is to

guarantee the freedom of religion because it is a necessity everywhere.

And to achieve this, the

posture of the constitution should be made in a way that supports this.

Ahmed, Dawood I., and Tom Ginsburg. "Constitutional Islamization and human rights: The

surprising origin and spread of Islamic supremacy in constitutions." Va. J. Int'l L. 54

(2013): 615.

McConnell, Michael W. "Religious freedom at a crossroads." The University of Chicago Law

Review 59, no. 1 (1992): 115-194.

Currently, there are states across the world where there exists a blurred line between the

religion and the government. In such cases, the government overtly is not willing to assure

citizens of the religious freedom. The process of having freedom of religion begins with a

consideration of the religion and state correlation when designing the constitution.Along with

this line, the design of the constitution should ensure that the there is no friction between the

secular government religion.

By control, the relationship between the religion and the state and

other influential organizations in the society the freedom of religion can be accomplished, and

this can only be guaranteed through a legal framework that is well balanced in the light of justice

and fairness.

Across history, most states are based on a close placement of religion as well as civil

authorities. Thus the understanding of almost every pre-modern society has grounded its

perceptive of legitimate political power on godly origins.

For instance, emperor devotion,

coupled with theocracy with the utter monarchy, was an element present in ancient China,

including Egypt and Japan. Besides Ahmed says that the ancient Greco-Roman city-states had

their independent civic deities, shrines as well as priesthoods and the institutions of religions

which were perceived as the integral components of the constitution of the state. As well, the

kingdoms, republics, and principalities of Medieval Western Christendom indeed were

Hamoudi, Haider Ala. "Ornamental Repugnancy: Identitarian Islam and the Iraqi

Constitution." U. St. Thomas LJ 7 (2009): 692.

Sullivan, Winnifred Fallers. The impossibility of religious freedom. Princeton University Press,

2011.

incorporated into a transitional system of religious power which the Pope is the head

. Similarly,

on the Islamic states, the order of law conventionally had a basis on religion, with the

responsibilities of Calph and sultan put assigned to one individual. For instance, Minersville v.

Gobitas (1940): The court ruled that the flag-salute law of Pennsylvania following religious

freedom should not interfere with political power which was upturned in West Virginia v.

Barnette (1943).

Apparently, religious freedoms, as well as the freedom that emanates from religious

oppression, are almost commonly acknowledged elements of liberal democracy. Thus, Laborde

said that no country in the world could brag of having democracy and having independence

without permitting religious freedom including free practice of their beliefs which includes the

rights and freedoms of minorities and those of dissenters in terms of religion. Thus, I can fight so

hard to ensure that such ancient acknowledgment of religious freedom as a global norm is

recognized by the federal constitution and just as the rights of expressions.

As a result of law

Ahmed, Dawood I., and Tom Ginsburg. "Constitutional Islamization and human rights: The

surprising origin and spread of Islamic supremacy in constitutions." Va. J. Int'l L. 54

(2013): 615.

Laborde, Cécile. "Religious Freedom, US Law, and Liberal Political Theory." Journal of the

American Academy of Religion(2018).

Danchin, Peter G., and Saba Mahmood. "Politics of religious freedom: Contested genealogies."

(2014).

process and freedom from religious discrimination, there should be particular foundations in the

constitutions that bear link the state and religion. An open democratic state cannot (a) bar

peaceful expression of one’s religious beliefs and practices provided that the process does not

interfere with public peace or the rights of others. (B) Put into effect unity religious matters

beliefs or practices. (c) Forces or show favoritism against people in regards to their religious

faith or identity. Such baselines essentially allow for some independence and pluralism in issues

of religion, eliminating both the subjugation of religion by a stated as well as state coercion in

such matters.

Nevertheless, they create a wide leeway for various means of religion-state

relationships within the constitutional category.

In sum, article VI section 3 says that there is no religious test will ever need an entry to

any public or office in the United States. The U.S will never make policies respecting the

creation of religion or preventing the freedom of exercising the same. Consequently, religion-

state detachment does not prohibit the public expression of religiosity in America. For instance,

the president is often established in the office with prayers, as well public executives, in general,

take their oath of office using the religious book. Thus in Hein v. Freedom from Religion

Foundation (2007): After the administration of President Bush formed the office of the Faith-

based as well as community programs of the sole reasons of permitting religious charity groups

McConnell, Michael W. "Religious freedom at a crossroads." The University of Chicago Law

Review 59, no. 1 (1992): 115-194.

to get federal funding.

There was a ruling made by the court that the taxpayers advance the

Establishment Clause issue against such initiatives which are established by the executive.

Although significantly, they normally go through that process as a matter of their own

choice or sometimes due to social custom but not that they are commanded to do so by any

regulation or law.

Hamoudi, Haider Ala. "Ornamental Repugnancy: Identitarian Islam and the Iraqi

Constitution." U. St. Thomas LJ 7 (2009): 692.

Bibliographies

Ahmed, Dawood I., and Tom Ginsburg. "Constitutional Islamization and human rights: The

surprising origin and spread of Islamic supremacy in constitutions." Va. J. Int'l L. 54

(2013): 615.

Danchin, Peter G., and Saba Mahmood. "Politics of religious freedom: Contested genealogies."

(2014).

Duncan, Richard F. "Who Wants to Stop the Church: Homosexual Rights Legislation, Public

Policy, and Religious Freedom." Notre Dame L. Rev. 69 (1993): 393.

Hamoudi, Haider Ala. "Ornamental Repugnancy: Identitarian Islam and the Iraqi

Constitution." U. St. Thomas LJ 7 (2009): 692.

Hirschl, Ran. Constitutional theocracy. Harvard University Press, 2011.

Laborde, Cécile. "Religious Freedom, US Law, and Liberal Political Theory." Journal of the

American Academy of Religion(2018).

McConnell, Michael W. "Religious freedom at a crossroads." The University of Chicago Law

Review 59, no. 1 (1992): 115-194.

Sullivan, Winnifred Fallers. The impossibility of religious freedom. Princeton University Press,

2011.

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