The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries

By Stahnke, Tad; Blitt, Robert C. | Georgetown Journal of International Law, Summer 2005 | Go to article overview

The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries


Stahnke, Tad, Blitt, Robert C., Georgetown Journal of International Law


TABLE OF CONTENTS

INTRODUCTION
  I. THE RELATIONSHIP BETWEEN RELIGION AND THE STATE
     A. Islam as State Religion
TABLE: DEFINING A CONSTITUTIONAL ROLE FOR RELIGION
MAP: PREDOMINANTLY MUSLIM COUNTRIES CLASSIFIED BY RELATION
WITH ISLAM
     B. Alternatives to Constitutional Recognition of a State
        Religion
     C. Constitutional Role for Islamic Law, Principles, or
        Jurisprudence.
        1. Overview
        2. Islam as Source of Legislation
        3. Other Provisions for Recognition of Islamic
           Principles
        4. Other Principles in Addition to Islam May Be
           Sources of Legislation or the Basis for
           Determining Constitutional Repugnancy
II.  GUARANTEE OF THE RIGHT TO FREEDOM OF RELIGION
     OR BELIEF
     A. Minimum International Standards for Constitutional
        Provisions
     B. Relevant International Human Rights Instruments
        1. Universal Declaration of Human Rights
           (UDHR)
        2. International Covenant on Civil and Political
           Rights (ICCPR)
     C. Implementation of International Standards in
        Predominantly Muslim Countries
        1. Constitutional Provisions That Compare
           Favorably
        2. Constitutional Provisions That Compare Less
           Favorably
        3. Freedom of Religion or Belief as a Right of Every
           Individual
        4. Constitutional Safeguards Against Coercion in
           Matters of Religious Belief
        5. Table: Comparison of Constitutional Provisions
           on Freedom of Religion to International
           Standards
     D. Constitutional Restrictions on the Right to Freedom of
        Religion or Belief
     E. Permissible Limitations on Freedom to Manifest a Religion or
        Belief Under International Law
III. RELATED RIGHTS: FREEDOM OF EXPRESSION, ASSOCIATION, AND
     ASSEMBLY
        A. Overview
        B. Application of Related Rights
IV. EQUALITY AND PROHIBITION OF DISCRIMINATION
        A. Overview
        B. Constitutional Provisions on Equality and
           Nondiscrimination That Compare Favorably with
           International Standards
        C. Constitutional and Other Limitations on the Rights to
           Equality and Nondiscrimination
V. CONSTITUTIONAL LAW: SUPREMACY, REMEDIES FOR RIGHTS
   VIOLATIONS, AND REVISIONS
        A. Laws Inconsistent with Fundamental Rights May Be Void
        B. Constitutionally Recognized Rights May Be Superseded by
           Ordinary Law
        C. Review of Constitutionality May Implicate the Conformity of
           Legislation with Islam
        D. Remedies for Violations of Constitutionally Recognized
           Rights
        E. Prohibitions on Certain Revisions to the Constitution
VI. REFERENCE TO INTERNATIONAL AGREEMENTS AND HUMAN
    RIGHTS INSTRUMENTS
        A. Overview
        B. Affirmative Obligation or General Reference to
           International Human Rights Instruments
        C. Incorporation of International Treaties into Domestic Law
CONCLUSION
VII. APPENDIX
        A. Table I: Relationship Between Religion and the State
           Constitutional Provisions (By Region)
MIDDLE EAST/NORTH AFRICA
SOUTH ASIA
EAST ASIA
AFRICA
EUROPE/EURASIA
        B. Table II: The Right to Freedom of Religion or Belief
           Constitutional Provisions (By Region)
MIDDLE EAST/NORTH AFRICA
SOUTH ASIA
EAST ASIA
AFRICA
EUROPE/EURASIA
        C. Table III: Equality and Prohibition of Discrimination
           Constitutional Provisions (By Region)
MIDDLE EAST/NORTH AFRICA
SOUTH ASIA
EAST ASIA
AFRICA
EUROPE/EURASIA
        D. Population Data and Freedom of Religion Provisions of
           Non-Muslim Countries with Significant Muslim
           Populations
INDIA
NIGERIA
CHINA
RUSSIA
ETHIOPIA
TANZANIA
        E. Draft Constitution of the Republic of Iraq

INTRODUCTION

Several current developments in constitutional drafting are spurring renewed analysis of the existing constitutional landscape of the Muslim world. …

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