Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human now published

About the book:

‘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.’

For the source, and more information also on how to order the book, see: Routledge.com or Amazon.com.

See also: Interview on project on ‘Constitutionalism, Democracy and Religious Freedom’.

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/.

Book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge) now available for pre-order

‘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 post-secular 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.’

For more information, and to pre-order, see:

https://www.routledge.com/Constitutionalism-Democracy-and-Religious-Freedom-To-be-Fully-Human/ten-Napel/p/book/9781138647152;

https://www.amazon.com/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152 (USA);

https://www.amazon.co.uk/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152/ref=sr_1_8?ie=UTF8&qid=1485007049&sr=8-8&keywords=constitutionalism+democracy (United Kingdom);

https://www.amazon.de/Constitutionalism-Democracy-Religious-Freedom-Religion/dp/1138647152/ref=sr_1_1?ie=UTF8&qid=1485007114&sr=8-1&keywords=Constitutionalism+democracy+religious+freedom (Germany);

https://www.bol.com/nl/p/constitutionalism-democracy-and-religious-freedom/9200000055900993/ (Netherlands).

Discussant, ‘Values for Europe’ conference, Christian Political Foundation for Europe, The Hague (2012)

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‘”Values for Europe” conference in The Hague

Friday 27 April 2012

At April 27, the ECPF held a congress about the European Union in The Hague, together with the Research Institute of the ChristenUnie party.

The beautiful Old Meeting Hall of the Dutch House of Representatives was full with congress participants that afternoon. The timing of the congress could not have been better, because just in that week important negotiations had taken place about the 2013 budget, in which the ChristenUnie had taken the lead. Budget cuts are necessary because of European agreements in the Stability- and Growth Pact.

Researchers Luitwieler and Ten Napel and politicians Slob and Van Dalen were speakers at the congress. Over 80 attendants participated in the conference.

Dr. Sander Luitwieler, researcher for the ECPF ‘Europe’s Values’ study project, encouraged the Dutch ChristenUnie party to speak henceforth both positive and critical about the European Union. In the Christian political philosophical tradition originating from neo-Calvinism, ‘public justice’ is seen as the core political norm for the task of government.

Luitwieler stated that public justice can be applied also at a supranational level, such as that of the European Union. Public justice can help policy makers to balance multiple interests. Justice should be the leading principle, not the laws of economics and the financial markets.

At the moment, Europe is at a crosspoint between, at the one side, a financial crisis, and, at the other side, also a crisis of legitimacy. The Dutch cabinet has fallen also more or less because of the developments in Europe. The European desire for further integration runs up against a lack of support. This can only be countered if the EU itself recognizes where it is good at and when it also guarantees cultural diversity between member states.

Constitutional law scholar prof. Hans Martien ten Napel argued for ‘a higher form of tolerance’ in Europe than just escaping sensitive issues. Remaining silent about the name of God in a constitution is not religiously impartial. Based on the thought of European law professor Joseph Weiler, Ten Napel observed a ‘Christian deficit’ in Europe.

This is shown in the fact that many academics, especially on the history of European integration, neglect the Christian heritage of Europe. European integration was not defended because of the process itself or because of the results, but because of the ideals that were the foundation for it. Now Europe is increasingly post-Christian, also the European idealism (Weiler even calls it ‘European messianism’) disappears.

Peter van Dalen MEP suggested that research should be done on the possible future of the eurozone. Might it be a good idea to introduce an adjusted euro for countries like Greece and Spain, so that countries can develop their economies in their own ways, taking into account their own possibilities? It has become clear that the current way to deal with the crisis has not led to a solution.’

Source: http://www.ecpf.info/k/n34705/news/view/522996/581712/values-for-europe-conference-in-the-hague.html.

About CPFE:

‘The Christian Political Foundation for Europe (CPFE, formerly ECPF) is an association that acts as the political foundation for the European Christian Political Movement (ECPM). The CPFE supports and underpins the ECPM especially in terms of political content by European co-operation and the introduction of analysis, ideas and policy options.

The CPFE shares the basic program and Christian values of the ECPM. As association the CPFE welcomes thinktanks, NGO’s and individual politicians as members if they agree with these values and the Christian-democrat principles as expressed in the basic program.

The CPFE has three main goals among which its activities will be organized:

  • Connecting Christian inspired think-tanks and NGOs and starting a process of exchange of knowledge and experience. The CPFE website will become a European portal to many organizations, virtual libraries and information on many fields of policy. Also a database will be developed that will help parties, politicians and other organizations in their work.
  • Informing parties and politicians at the national level on important European policy developments that will enable them to react early and efficiently on ideas coming from the EU institutions. This work will be accompanied by actual policy comments.
  • Creating new ideas and approaches to the challenges in a globalised world and a global economy. The CPFE supports in-depth study projects that highlight and work from Christian inspiration. The CPFE wants to formulate attractive alternatives for the dominant secular dogmas in culture and economics.’

About Sander Luitwieler’s book A community of peoples: Europe’s values and public justice in the EU:

http://www.ecpf.info/acommunityofpeople.