Constitutions, Religion and Politics in Asia: Indonesia, Malaysia and Sri Lanka

ISBN-13: 9781107183346 / Angielski / Twarda / 2017 / 306 str.

Dian A. H. Shah

Opis

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

Recenzje

'This is a learned work on constitutional approaches to religious freedom. The author provides an incisive study of the constitution-making process in three deeply divided Asian polities. Their differing approaches to and models of constitutionalizing religious freedom are put forward as possible lessons for other fragmented societies. At the same time, we are alerted to the gap between theory and reality; the impact of electoral politics and religious nationalism; the link between religion and ethnicity; and the role of non-state actors in diminishing society's commitment to religious pluralism. Ultimately a Constitution is what happens, and the author shows that a bill of rights and an independent judiciary are not the bulwarks they are expected to be. This book may encourage further studies on the formulation of 'religion clauses' and the design of judicial institutions.' Shad Saleem Faruqi, Tunku Abdul Rahman Professor of Law, University of Malaya

Spis treści

1. Introduction; 2. Three constitutional arrangements on religion; 3. Religion and religious freedom in public life; 4. Religious freedom in divided societies and the role of the state; 5. Constitutional adjudication on religion and religious freedom; 6. Judicial institutions and the rule of law deficit; 7. Religion, electoral politics and religious freedom; 8. Conclusion.