Individualization of Religious Beliefs, Secularization and Religion-State Relations

A growing trend of religious life in contemporary Western societies is the number of religiously unaffiliated people (also known as “nones”). Some of them believe in nothing, but many others shape religious beliefs with their own, individual understanding of God, the world, and their place in it. They may have specific convictions of what their religion requires or can believe in dogmas of different religions simultaneously, practice spiritual meditation, or sacralize cultural phenomena or ideological concepts.

From a philosophical perspective, the individualization of religion challenges a wide-spread understanding of organized religion (where believers worship God in communion) as the main form of spiritual life. From a law and religion perspective, the questions are how the state should deal with such individualized religious beliefs. Should they be protected under the premises of religious freedom? How will individualization affect religion-state relations?

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Towards a Constitutional Definition of Religion: Challenges and Prospects

Dr. Alex Deagon is a Senior Lecturer in the Faculty of Law at the Queensland University of Technology.

 


Definitions of “religion” are of central importance to creating the constitutional space for freedom of religion, for it is “religion” which receives protections in constitutional law and international law, and the definition of “religion” in “freedom of religion” will determine the scope of that freedom. However, attempts to define religion have proved to be controversial and contested.  There are many competing definitions by scholars and judges but no consensus has emerged. Some courts even refuse to define religion (see, for example, the 2013 Overview of the European Court of Human Rights’ Case-law of Freedom of Religion, para 11).

There are at least four challenges to defining religion.  (more…)

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