Religious Freedom and the Constitution

Thou Shalt Not Misinterpret: Landscape as Legal Performance

“…There might be very good political and legal reasons for making all three moves, but such questions are beyond the scope of this article. For a clear and compelling argument in support of the endorsement test, see Eisgruber and Sager (2007). 8.…”

Governing (through) religion

“…32 Similarly, there is not only a gulf between the internal freedom of thought and religion (forum internum) as per article 9(1) and the limitations imposed on the external manifestations of thought and religion (forum externum) as per article 9 (2). If this is not so, how can one conceptualize the test of proportionality that balances the rights of an individual and the interests of others or the manifestation of a thought and the societal imperatives?…”

Moment of Silence

“…6 2.1 Cases I will now relate to a number of recent cases at the centre of which stood the issue of the unconstitutionality (2.1.1) or the constitutionality (2.1.2) of moment of silence statutes, followed by a subsection dealing with some precedents to the decisions in these cases.…”

“…[9, p. 107] We see the same attitude in the Burger Supreme Court in Walz v. Tax Commission of the City of New York, which stated that for the men who wrote the Religion Clauses of the First Amendment, the ''establishment'' of a religion connoted sponsorship, financial support, and active involvement of the sovereign in religious activity. [32, p. 668] One way of dealing with the issue of state and religion has been proposed by Eisgruber and Sager [6] in their concept of ''Equal Liberty'', which entails equal treatment to religious and secular groups. Their proposal has three parts:…”