A Wise Return to Judicial Restraint

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منو

" A Wise Return to Judicial Restraint "
Jean-Marc Piret

Document Type	:	AL
Record Number	:	1082433
Doc. No	:	LA126062
Call No	:	‭10.1163/187103211X601883‬
Language of Document	:	English
Main Entry	:	Jean-Marc Piret
Title & Author	:	A Wise Return to Judicial Restraint [Article]\ Jean-Marc Piret
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2011
Volume/ Issue Number	:	6/3
Page No	:	273–278
Abstract	:	In this comment I argue that although I think that secularism properly understood is the best constitutional arrangement for keeping peace in multicultural and religiously pluralistic societies, nevertheless the Grand Chamber judgement rightly overruled the Chamber in Lautsi v. Italy. In view of the subsidiary nature of its jurisdiction and the diversity of constitutional arrangements throughout Europe, it is not for the European Court of Human Rights to erase the cultural and religious traditions of the contracting states and to force them into a conception of secularism that they did not choose. In this comment I argue that although I think that secularism properly understood is the best constitutional arrangement for keeping peace in multicultural and religiously pluralistic societies, nevertheless the Grand Chamber judgement rightly overruled the Chamber in Lautsi v. Italy. In view of the subsidiary nature of its jurisdiction and the diversity of constitutional arrangements throughout Europe, it is not for the European Court of Human Rights to erase the cultural and religious traditions of the contracting states and to force them into a conception of secularism that they did not choose.
Descriptor	:	freedom from religion
Descriptor	:	freedom of religion
Descriptor	:	judicial restraint
Descriptor	:	Lautsi
Descriptor	:	religious neutrality
Descriptor	:	religious symbols
Descriptor	:	secularism
Descriptor	:	subsidiarity
Location & Call number	:	‭10.1163/187103211X601883‬