Article

Freedom of Religion

András Sajó and Renáta Uitz

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0045

Series: Oxford Handbooks in Law

Freedom of Religion

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The formulation of freedom of religion and conscience as an individual right stems partly from placing religious choices in individual conscience, and partly from the fact that strong, privileged claims against the state are formulated most successfully in the language of rights. While concerns of free exercise of religion may prevail in the regulation of religion, considerations related to the collective aspects of religious exercise and historical traditions in matters of church-state relations continue to play a role in the regulatory area. This article discusses the changing meaning of freedom of religion; reasons for and justifications of freedom of religion; what is religion; what is protected as religious freedom; accommodation as a positive enforcement of freedom of religion; and models of church-state relations.

Keywords: freedom of religion; constitution; constitutional rights; religious choice; church-state relations

Article.  11569 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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