Protecting Religious Freedom from Fear: Italian Lessons on Islam, the Public Sphere, and the Limits of Judicial Review

 

 

 

Post by Andrea Pin, Associate Professor of Comparative Public Law, University of Padua, and Luca Pietro Vanoni, Associate Professor of Comparative Public Law,  University of Milan

The Italian constitutional framework might be of interest for those who reflect on the avenues of religious and social integration in the early 21st century. Though the 1948 Constitution has secured ample religious freedom guarantees for citizens and noncitizens alike, recent years have put increasing pressure on Italian legal infrastructure.

Church and State in Italy: Friends or Foes?

Despite unification succeeded against the will of the Pope in the nineteenth century under the Kingdom of Piedmont, Italy has always been quintessentially Catholic. Even Mussolini boosted his regime by blending Fascism, Italian nationalism, and the national Catholic identity. Italian politics between the 1940s and the 1990s was largely controlled by the Christian Democratic Party. Romans and even off-the-city Italians alike still gather each Sunday to attend the Pope’s address at the twelve o’clock Angelus in Vatican’s St. Peter’s square. (more…)

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The Aguna Problem – Recent Developments

Haim Shapira is Professor of Law at Bar-Ilan University (Israel) 

In a recent case in the UK, a Jewish woman was able to obtain a get (bill of religious divorce) from her husband by launching a private prosecution against him for controlling or coercive behavior. This has been described as a landmark case in the struggle of Jewish women to obtain religious divorces from uncooperative husbands. In this short post I explain the problem of aguna (“chained” wife), review recent developments in this area, and explain why this last case is truly groundbreaking. (more…)

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Divorce and the Chained Wife: The Interplay of Civil Law and Religious Law

Mark Hill QC practices at the Bar in London and is an affiliated or visiting professor at the Centre for Law and Religion, Cardiff University; Pretoria University, South Africa; Notre University Law School, Sydney, Australia; and the Dickson Poon School of Law at King’s College, London.

In most countries of the world, the inter-relationship between the state law on marriage and that of differing religious groups is complex and contested. It is navigated in varying ways, both conceptually and as a matter of practice. Clarity as to the subsistence of a marriage is essential where issues of succession and inheritance are concerned, and – as a minimum – the state has a continuing duty to ensure the well-being of children in the event that a marriage breaks down. (more…)

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