Presenter and Discussant, ICON-S Conference ‘Courts, Power, Public Law’, University of Copenhagen, 5-7 July 2017

Looking forward to presenting next week on ‘The European Court of Human Rights’ “constitutional morality” in the religious domain’. The paper forms part of a panel on ‘Judicialisation of Human Rights Law and Policy: A Vehicle for Effective Protection of Fundamental Rights?’

The description of this panel reads as follows:

‘The panel introduces the Leiden Research Group ‘Effective Protection of Fundamental Rights in a Pluralist World’. Though judicialisation is in itself not a new phenomenon, in the context of today’s globalizing world and the increasing interaction between legal systems, judicialisation is taking on entirely new dimensions and is giving rise to new and complex issues. This is especially true in the field of fundamental rights. At first sight, this judicialisation in the area of human rights seems to be a positive development that furthers the effective protection of human rights and fundamental freedoms at the international regional and domestic level. However, judicialisation also raises a number of issues that need to be addressed, such as the democratic basis of law-making and separation of powers. Against this background, judicialisation as a means to further fundamental rights protection is very much in need of new and innovative research concerning its meaning workings and impact. Three elements merit particular attention during the panel: a.Conceptualization of judicialisation in the area of human rights; b.Judicialisation in relation to substantive areas of human rights; c.Potential and limitations of judicialisation for the effective protection of fundamental rights.’

My second paper presentation in Copenhagen is titled ‘In Defense of the Classical Liberal Conception Regarding Religious Freedom’, and will take place during a panel on ‘The Separation of Civil and Religious Powers’.

You can read the abstract of the paper here:

‘Leading U.S. scholar of constitutional interpretation Michael Paulsen has developed an interesting theory of religious freedom called ‘The Priority of God’. Paulsen distinguishes, first of all, a liberal conception of religious freedom, according to which it is widely assumed that religious truth exists in a society and the state is tolerant towards the various faith and other traditions. The U.S. however, has developed in the direction of a modern conception of religious freedom, which no longer recognises religious truth although the state remains tolerant. Moreover, still according to Paulsen, several European countries have adopted a postmodern conception of religious freedom. This conception does not just no longer recognise religious truth, but also implies a considerably less tolerant state as secularism becomes the established ‘religion’. This view paradoxically resembles the preliberal stance of religious intolerance out of the conviction that religious truth exists. In response to such developments and in light of the meeting’s general theme with special attention to the role of courts in achieving this, the proposed paper will make a case for the classical liberal position with respect to religious freedom. In light of the current religious diversity in society, this position still appears to be most conducive to safeguarding the position of religious minorities in public life in the increasingly secular, majoritarian contexts of Western liberal democracies.’

Finally, I will serve as discussant for Mathew John’s paper on ‘Framing Religion in Constitutional Power: A View from Indian Constitutional Law’ during the latter panel. Mathew John received his Ph.D. at the London School of Economics and Political Science in 2012. Since that year he has been working as an Associate Professor at the Jindal Global Law School Sonipat. Since January 2017 Ph.D. Mathew John is Fellow at the Käte Hamburger Center for Advanced Study in the Humanities ‘Law as Culture’.

For the full program of the ICON-S Conference, see: https://icon-society.org/wp-content/uploads/2017/06/ICON-S-Conference-2017-Programme.pdf.

See also:

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

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

 

Bernie Sanders, Tim Farron, and the regime change which has taken place within liberalism

In my new book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (Routledge, 2017), I note how partly under the influence of the social and cultural revolution of the 1960s, liberalism has arguably developed from a means of managing diversity in the direction of an ideological agenda of its own. Illustrative of this development is that for some scholars it has now become a question mark if, and to what extent, religion should be tolerated at all within a liberal democracy.

For more information on the book, go here:

Constitutionalism, Democracy and Religious Freedom. To Be Fully Human.

See also:

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

 

 

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.

Respondent, The Atlantic Conversations on Religion and Public Life, St. George’s House, Windsor Castle (2007)

St. George's House

From the ‘Welcome to St. George’s House’:

‘This event is hosted by St George’s House in association with the Center of Theological Inquiry, Princeton. Our aim is to bring together a distinguished group of public leaders and scholars from the United Kingdom, the Netherlands and the United States of America to foster a trans-Atlantic dialogue on vital questions.

Our theme is topical, complex and challenging. We shall examine, for example:

– whether religion should enjoy any acknowledged role in the public sphere in a modern, pluralist democracy, or be confined to private observance;

– the potential conflict between deep-rooted tradition, tolerance of multi-cultural diversity, and freedom of expression and practice;

– whether the concepts of neutrality and even-handedness have any meaning when the State – any State – needs ethical and moral underpinning for its public values.

Many other important questions will certainly arise in debate. You are attending, not a formal Conference, but a Conversation. As always at St George’s House, all are encouraged – irrespective of any public role or responsibility – to think and speak freely and imaginatively and to be open to new ideas, secure in the knowledge that confidentiality is guaranteed. I hope that original, stimulating and potentially influential insights will emerge – and that the historic and beautiful environment of Windsor Castle will exert on you its special magic and ensure lasting happy memories of your stay.

Andrew Carter

Warden

St. George’s House.’

For the full programme, see:

https://www.secularism.org.uk/uploads/354684dc5b129a3305694252.pdf.