Governance of religious diversity at the European Court of Human Rights
This chapter analyzes the role played by the European Court of Human Rights (ECtHR) in judicial politics of religious diversity. Based on an analysis of case law from 1959 to 2011, it suggests that the ECtHR has contributed to an institutional secularization of European nation-states through a compl...
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| Main Author: | |
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| Format: | Chapter/Article |
| Language: | English |
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08 April 2020
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| In: |
Religious diversity and interreligious dialogue
Year: 2020, Pages: 59-72 |
| DOI: | 10.1007/978-3-030-31856-7_5 |
| Online Access: | Verlag, lizenzpflichtig, Volltext: https://doi.org/10.1007/978-3-030-31856-7_5
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| Author Notes: | Matthias Koenig |
| Summary: | This chapter analyzes the role played by the European Court of Human Rights (ECtHR) in judicial politics of religious diversity. Based on an analysis of case law from 1959 to 2011, it suggests that the ECtHR has contributed to an institutional secularization of European nation-states through a complex interplay of political constellations and legal path-dependence. The first section provides a brief historical account of the Court’s political origins and shows how these have led to decades of ‘judicial restraint’ vis-à-vis member-states’ policies toward religion. The second section scrutinizes developments in the past two decades, in which the ECtHR has gained increased institutional autonomy. It explores how the ECtHR, responding to increased legal mobilization around religious rights, has moved toward greater ‘judicial activism’, thus ultimately undermining existing arrangements of state, national identities and religious organizations. |
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| Item Description: | Gesehen am 15.03.2024 |
| Physical Description: | Online Resource |
| ISBN: | 9783030318567 |
| DOI: | 10.1007/978-3-030-31856-7_5 |