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Constitutionalism, Democracy and Religious Freedom
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 redir...
Regulating Political Parties
The essays that make up "Regulating Political Parties" were first developed as part of an international symposium at Leiden University focusing on party law. Together, the contributions analyze the regulation of political parties within and beyond Europe from interdisciplinary and comparative perspectives. Addressing both conceptual issues and recent empirical findings, "Regulating Political Parties" is a valuable examination of an often-overlooked aspect of politics and will be useful for not only scholars, but also legal and political practitioners.
Religion and Mass Electoral Behaviour in Europe
The onset of a new millennium has given renewed impetus to the study of religion and its place in the secular world. Religion and Mass Electoral Behaviour in Europe is an innovative, cutting-edge study, which focuses on the question of whether - and how - religion continues to influence and shape electoral behaviour across Europe. With exceptional detail, this book presents empirical data drawn from a range of country case studies to provide examples of different religious experiences and relationships.
What's Wrong with Rights?
What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.
The Powers that be
The concepts of democratic legitimacy and the separation of powers have played vital roles in the evolution of many modern states. In recent decades, however, some national governments have begun to cede portions of their oversight to international or supranational power holders, as can be seen with the example of the European Union. Considering this new context, can the combination of democratic legitimacy and the separation of powers still prove useful outside of the framework of a traditional state--and if so, in what form? The Powers That Be explores this question in essays that address legislative, executive, and judicial concerns through groundbreaking theoretical discussions and explorations of legal cases and developments.
Religion, Politics and Law
Exploring the pre-political en pre-legal spiritual infrastructure from which modern, liberal democracies in the West live, but cannot guarantee, this book inquires the relations between religion, politics and law from a philosophical perspective, discussing historical, systematical and practical issues.
Common Good Constitutionalism
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Catholic Cosmopolitanism and Human Rights
Provides a more complete account of the human rights project that factors in the contribution of cosmopolitan Catholicism.
The Political Theology of European Integration
This book traces the connections between diverging postwar European integration policies and intra-Christian divisions to argue that supranational integration originates from Roman Catholic internationalism, and that resistance to integration, conversely, is based in Protestantism. Royce supports this thesis through a rigorously supported historical narrative, arguing that sixteenth-century theological conflicts generated seventeenth-century constitutional solutions, which ultimately effected the political choices both for and against integration during the twentieth century. Beginning with a survey of all ecclesiastical laws of seventeen West European countries and concluding with a full discussion of the Brexit vote and emerging alternatives to the EU, this examination of the political theology surrounding the European Union will appeal to all scholars of EU politics, modern theology, religious sociology, and contemporary European history.
Human Rights at Risk
Human Rights at Risk brings together social scientists, legal scholars, and humanities scholars to analyze the policy challenges of human rights protection in the twenty-first century. The book focuses on international institutions, thematic blind spots in policy-making, and the role of the United States as a global and domestic actor in human rights protection.
