Table of Contents

Acknowledgments; Contributors; 1. Introduction Aslı Ü. Bâli and Hanna Lerner; Part I. Constitution Writing and Religion under Limited Sovereignty: 2. The curious case of religion in the Norwegian Constitution John Madeley; 3. Religion and the Japanese Constitution Helen Hardacre; 4. Constitution making and religion in West Germany in the shadow of state failure Tine Stein; Part II. Post-Colonial French-Influenced Constitution Writing and Religion: 5. Secularism in a sectarian society: the divisive drafting of the 1926 Lebanese Constitution Mark Farha; 6. The constitution of a 'laïc' African and Muslim country: Senegal Soulaymane Bachir Diagne; 7. Constitution writing and religious divisions in Turkey Ergun Özbudun; Part III. Post-Colonial South Asian Constitution Drafting and Religion: 8. Constitutionalism, Islamic law, and religious freedom in post-independent Indonesia Mirjam Künkler; 9. Cross-cutting rifts in constitutions and minority rights: India, Pakistan, Sri Lanka Shylashri Shankar; 10. Islamic law in an Islamic republic: what role for parliament? Matthew Nelson; Part IV. Constitution Writing and Religion in the Contemporary Middle East: 11. Constitutional impasse, democracy and religion in Israel Hanna Lerner; 12. Islam and constitutionalism in the Arab world: the puzzling course of Islamic inflation Nathan Brown; 13. The politics of sacred paralysis: Islam in recent Moroccan and North African constitutions David Mednicoff; 14. Dancing by the cliff: constitution writing in post-revolutionary Tunisia, 2011–2014 Nadia Marzouki; Part V. Lessons from the Cases: 15. Designing constitutions in religiously divided societies Aslı Ü. Bâli and Hanna Lerner.

Promotional Information

This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.

About the Author

Aslı Ü. Bâli is Professor of Law at the University of California, Los Angeles School of Law, where her research focuses on public international law, arms control, human rights and international humanitarian law, and comparative law of the Middle East. Hanna Lerner is a Senior Lecturer in Political Science at Tel Aviv University, Israel, where her research focuses on comparative constitution writing, religion and politics, global justice, and international labour rights.

Reviews

'This book will be of great value to anyone with an interest in constitutional law, particularly its operation in relation to religion. While firmly rooted in the legal discipline, the studies and editorial commentary also incorporate helpful perspectives from political and social sciences. The often neglected contexts with which the work engages, coupled with the fusion of new insights, make this a welcome addition to the literature in this field, and also signal new pathways that future commentators can fruitfully forage for new perspectives and understanding.' Javier García Oliva, Journal of Church and State