Tag Archives: non-state actors

Book Review of Constitutionalism, Democracy and Religious Freedom in Journal of Markets & Morality

I am grateful to Prof. Jan Klos Hab. Ph.D. for taking the effort to write a review of my book for the Journal of Markets & Morality.

Jan Klos is a Professor at the John Paul II Catholic University of Lublin, Poland, Faculty of Philosophy, Department of Particular Ethics. He specializes in the history of social and political doctrines. Courses taught include philosophical foundations of political doctrines, foundations of American democracy, and political system of America.

In the review, Klos raises several interesting points regarding the book, to which I hope to respond some other time.

On p. 206, Prof. Klos writes:

‘The author does well to stress the importance of such nonstate actors as families and schools in the efforts to check the power of the state. Political and legal constitutionalism collaborate, as we know, in the separation between the legislative, the executive, and the judiciary. This kind of separation, however, does not in and of itself suffice for a mature civil society to be formed. I think that this point should be especially emphasized. With regard to constitutionalism and the right to freedom of religion or belief, more is needed than separation of political and legal powers. As Professor ten Napel writes, one should also “acknowledge that a communal dimension to this right exists” (148).’

The review ends as follows:

‘To sum up, the book Constitutionalism, Democracy and Religious Freedom: To Be Fully Human is a well-written text on such important issues for contemporary societies as freedom of religion or belief in its communal form, freedom of conscience, and civic activity. It attempts to show an integral approach to the human being. This integral approach should strive to create such an ethos in which a full development of the human being is possible. By a full development is meant such a condition in which this being can manifest his or her beliefs not only within the privacy of his or her home but also in public without any fear of oppression or discrimination. If citizens are forced to hide their religious views, they are doomed to be inauthentic selves, and will always feel a kind of schizophrenia.’

You can read the whole review here:

http://www.marketsandmorality.com/index.php/mandm/issue/view/43

‘Journal of Markets & Morality is a peer-reviewed academic journal published by the Acton Institute for the Study of Religion & Liberty. The journal promotes intellectual exploration of the relationship between economics and morality from both social science and theological perspectives.’

See also:

Review of book on ‘Constitutionalism, Democracy and Religious Freedom. To Be Fully Human’

Boekbespreking van Constitutionalism, Democracy and Religious Freedom. To Be Fully Human in Radix. Tijdschrift over geloof, wetenschap en samenleving

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’

Upcoming Speaking Engagement: 2017 ICON∙S Conference on ‘Courts, Power, and Public Law’, Copenhagen, July 5-7

 

My two scheduled presentations during the conference are entitled: ‘The European Court of Human Rights’ “constitutional morality” in the religious domain’, and ‘In Defense of the Classical Liberal Conception Regarding Religious Freedom’.

About the general conference theme:

‘The overarching theme of the ICON-S 2017 Annual Meeting will be “Courts, Power, Public Law”. The expanding role of courts is arguably one of the most significant developments in late-20th and early-21st century government. Today, courts around the world play an increasingly central role in defining the relationship between different organs of the state, as between state, non-state actors and individual citizens, and between national and supranational levels of governance. Domestic courts routinely interpret and enforce constitutional provisions guaranteeing the separation of powers, federalism and civil and political rights. Many domestic courts also now play a role in safeguarding democracy, and protecting and promoting social rights. In doing so, many domestic courts are also in active ‘dialogue’ with regional and international tribunals, as well as with transnational investment agreements or legal norms; and international courts likewise rely on regional and domestic human rights and public law norms in developing international jurisprudence.

What explains this increasingly dense network of judicial control over public power, and transnational judicial interaction? To what extent do courts succeed in achieving their goals, and under what conditions? In the midst of concerns about national and international security, how should courts respond to such concerns without compromising ideals of constitutional democracy? What should be the appropriate remit of international tribunals in balancing the competing claims of a just peace and individual responsibility? What are we to make of the role of courts in the management and mismanagement of the national and international economic crisis, and how it has called into question some of the classic institutions of democracy? Answering these questions requires close attention to the social, economic and political context for judicial review. It also invites attention to questions of public power: how, and under what conditions, do courts enjoy the power, legitimacy and independence necessary to serve as a meaningful check on national and transnational actors? How does the social and political power enjoyed by political elites, citizens or social movements contribute to the creation or success of judicial review in different settings? Do we need to rethink the conventional ways of understanding how courts mediate between the international and the national? Addressing these questions is a key focus for much of the leading scholarship on comparative constitutional law, comparative politics, comparative administrative law, and international law and governance today. It is also the focus of the ICON-S 2017 Conference.’

About ICON-S:

‘The initiative to create an International Society of Public Law emerged from the Editorial Board of I·CON – the International Journal of Constitutional Law. For several years now I·CON has been, both by choice and by the cartographic reality of the field, much more than a journal of comparative constitutional Law. I·CON has expanded its interests, range of authors, readers, Editorial Board members and, above all, issues covered to include not only discrete articles in fields such as Administrative Law, Global Constitutional Law, Global Administrative Law and the like, but also increasingly includes scholarship that reflects both legal reality and academic perception, and which in dealing with the challenges of public life and governance combines elements from all of the above with a good dosage of political theory and social science.’

Source, and all additional information:

https://icon-society.org/2017-conference/.