Religious Liberty and the Corona Crisis before the German Constitutional Court


Justin Collings is Francis R. Kirkham Professor of Law at Brigham Young University J. Reuben Clark Law School and author of Democracy’s Guardians: A History of the German Federal Constitutional Court, 1951-2001(Oxford University Press, 2015)

Global lockdowns intended to slow the spread of COVID-19 have raised wrenching questions about religious liberty. Although many faith communities have voluntarily shuttered to combat the plague, many religious people have chafed at regulations that require religious sanctuaries to close while permitting liquor stores to offer their “essential services.” Why, the faithful wonder, is booze more essential than the Sacred Host? Why should rum trump Ramadan? Some believers have expressed their anguish in constitutional challenges. In a pair of noteworthy decisions, the German Federal Constitutional Court has grappled with the tension between public health and religious exercise. In both cases, the Court has charted a pragmatic course through the crisis. (more…)

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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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Ukrainian Autocephaly, One Year On

Elizabeth A. Clark is Associate Director, International Center for Law and Religion Studies and Regional Advisor for Europe at the J. Reuben Clark Law School, Brigham Young University

In a moment that would have repercussions throughout the Orthodox world, on January 5, 2019, Ecumenical Patriarch Bartholomew officially recognized a new Orthodox Church of Ukraine (OCU). An act that may seem like an obscure internal jurisdictional shift to outsiders, Patriarch Bartholomew’s grant of a Tomos of autocephaly (an ecclesiastical grant of independence) reflects and contributes to the highly politicized role that religion has played in the Russian-Ukrainian conflict and contains the potential to dramatically change the role of religion in Ukrainian public life for years to come. (more…)

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