Constitutionalism, Democracy and Religious Freedom
To be Fully Human
Law and Religion Series

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Introduction

1. In Medias Res: Communal Religious Freedom under Pressure

2. Social Pluralist Constitutionalism

3. Pluriform Democracy

4. A Generous Conception of Religious Freedom

Conclusion: "A Horizon of Beauty"

Hans-Martien ten Napel is Associate Professor of Constitutional and Administrative Law at Leiden University in the Netherlands. During the academic year 2014-2015 he was a Research Fellow in Legal Studies at the Center of Theological Inquiry in Princeton, New Jersey.