By Micah Schwartzman, Chad Flanders, Zoë Robinson
What are the rights of non secular associations? may still these rights expand to for-profit organizations? homes of worship have claimed they need to be unfastened from anti-discrimination legislation in hiring and firing ministers and different staff. Faith-based associations, together with hospitals and universities, have sought exemptions from specifications to supply birth control. Now, in a shocking improvement, huge for-profit Read more...
summary:
Read or Download The rise of corporate religious liberty PDF
Best constitutional law books
The Migration of Constitutional Ideas
The migration of constitutional principles throughout jurisdictions is among the critical positive aspects of latest constitutional perform. The expanding use of comparative jurisprudence in examining constitutions is one instance of this. during this 2007 booklet, major figures within the examine of comparative constitutionalism and comparative constitutional politics from North the US, Europe and Australia speak about the dynamic strategies wherein constitutional platforms impression one another.
Economics, Law and Individual Rights
This can be the 1st booklet to ascertain person rights from an fiscal point of view, gathering jointly best articles during this rising niche and exhibiting the colourful and increasing scholarship that relates them. parts lined comprise - the consequences of constitutional protections of person rights and freedoms, together with freedom of speech and of the click, - definitely the right to undergo palms, - the fitting opposed to unreasonable searches, - the precise opposed to self-incrimination, - the best to trial through jury, - the best opposed to merciless and weird punishment, together with capital punishment.
Understanding the European Constitution: An Introduction to the EU Constitutional Treaty
The ecu Union is now getting into a very important part because the ratification strategy hurries up and key debates and referenda ensue in current and almost certainly new member states. The Union’s Constitutional treaty is frequently solid as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics.
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the dating between constitutions, nationwide id, and ethnic, spiritual, and cultural variety has soared because the cave in of socialist regimes in japanese Europe and the previous Soviet Union. in view that global warfare II there has additionally been a proliferation of latest constitutions that range in different crucial respects from the yankee structure.
- The High Court, the Constitution and Australian Politics
- A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?
- Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives (Constitutional Conflicts S)
- Constitutional Violence: Legitimacy, Democracy and Human Rights
Additional info for The rise of corporate religious liberty
Sample text
My own view is that whether a limit to religious claims is warranted depends on exactly what exemption is to be given. For individuals, but not organizations, most exemptions granted to moral conscience should be extended to nonreligious claimants. But whatever one concludes about that, recognizing two basic features is crucial. There are special reasons for governments to recognize religious claims of conscience, and these can bear on the decision whether to provide any exemption at all. These reasons do not themselves settle whether, either as a matter of justice or wisdom, an exemption should also reach similar nonreligious claims.
6) should standards of exemption be cast in general or specific terms? I address each of these questions in turn, highlighting the central issues and indicating my sense of sound responses, but without exploring the issues in depth. For each question, an important dichotomy can exist between what would make sense in some ideal setting and what is a desirable resolution in our actual social context. By “ideal” here, I do not mean people with perfect motivations and perfect insights into what is right and wrong.
The benefits of refusing exemptions altogether can be substantially achieved by instead requiring alternative nonmilitary service of successful objectors. A more positive practical reason for recognizing claims of conscience is that allowing people to act on their developed moral sense can be healthy for society. We all 11 See Kent Greenawalt, Chapter 7, Hobby Lobby: Its Flawed Interpretive Techniques and Standards of Application, in this volume. 10 From Religious Liberty to Freedom of the Church benefit from the exercise by others of moral convictions, and in a free society we need to recognize that variations in particular convictions can themselves be desirable.