Religion, Constitutional Courts, and Democracy in Former Communist Countries

Abstract

This article offers two main arguments, both of which have important corollaries. First, the author argues that religion, and a specific form of religion, played a major role in the downfall of communism and the Soviet Union. A corollary is that religious motivations furnished important impetus to the development of democracy in former communist countries (FCC). Second, the author argues that courts, and more specifically constitutional courts in FCC, played a major role in promoting democracy in those nations. A corollary to that assertion is that constitution courts in most FCC have demonstrated considerable respect for and promotion of the role of religion in FCC. These assertions and their corollaries are discussed in light of scholarly studies on the place of religion in the modern constitutionalism movement in former colonial and communist countries.

The Multidimensional Effects of Religion on Socioeconomic Development: A Review of the Empirical Literature

“…In this context, it makes sense to look at the actual behavior of collective and individual religious actors in transitions from autocracy to democracy or protest against authoritarian regimes. Richardson () finds that religious ideas and FBOs have promoted democratization in former Soviet states. FBOs have mostly promoted democratization worldwide, especially when independent from the state to liberal democracy (Philpott et al ., )…”

The Ambivalent Role of Religion for Sustainable Development: A Review of the Empirical Evidence

“…to democracy or cases of protest against authoritarian regimes Richardson (2006). finds that religious ideas and FBOs have promoted democratisation in former Soviet states.…”

Religious Pluralism

“…Related to this development is the growing importance of constitutional courts in the COE region. Such courts have, in some newer COE nations, over-ruled decisions of supreme courts, and exerted themselves, sometimes on behalf of minority religions (Sadurski 2006(Sadurski , 2009Richardson and Shterin 2008;Richardson 2006a).…”