God in the Irish Constitution

Dr. David Kenny is Assistant Professor of Law at Trinity College Dublin

Upon first reading, God, and some of his consistent personages, plays a striking and prominent role in the Irish Constitution. But like many things, the meaning and effect of this is not as clear and as obvious as one might think, and the real story of the God in the Irish Constitution is more complicated than one might initially assume.

A Godly Preamble

In their first week of law school, I have my Constitutional Law students read the Irish Constitution and ask for their impressions. For almost all of them, it is their first time reading the text in full. Every year, multiple students note the religiosity of the text as the most striking feature. Before even that most common invocation of popular power “We, the people,” our Constitution’s Preamble begins with a very different invocation:

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God in Secular Constitutions

Dmytro Vovk, Director of the Center for the Rule of Law and Religion Studies at Yaroslav Mudryi National Law University and co-editor of Talk About: Law and Religion

Carl Schmitt points out in Political Theology that “all significant concepts of the modern theory of the state are secularized theological concepts.” Likewise, many doctrines and concepts of modern constitutionalism have theological roots and have been developed in the dialogue with religious tradition. Religion has never fully disappeared from texts of secular constitutions—it lingers in symbolic references to God, religious formulas in presidential oaths, constitutional agreements with churches of majorities, and so on.

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COVID-19 and Restrictions on Religious Institutions: Constitutional Implications

Kathleen A. Brady is Senior Fellow and McDonald Distinguished Fellow with the Center for the Study of Law and Religion at Emory University

When the dangers of COVID-19 first became apparent to the American public this past March, few churches resisted state and local lockdown orders that prohibited or severely limited in-person worship services. The potential for congregational gatherings to rapidly spread the virus was widely understood, and most religious believers probably anticipated a relatively short disruption. However, as the pandemic nears its seventh month and many jurisdictions retain substantial restrictions on in-person worship, many Americans are growing increasingly frustrated with limits that impinge upon core religious practices and undermine the spiritual, social and emotional goods that these practices nourish. It is not surprising, then, that litigation over restrictions on in-person worship has been increasing.

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