TUM Library

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Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgments; Part I Conceptualizing the issue; Chapter 1 Constitutional but not constitutionalism; 1.1 The politicization of religion and its way into the constitution; 1.2 Equal liberty as a constitutive element of constitutionalism; 1.3 Outline of further study; Chapter 2 Beyond the secular/religious divide; 2.1 Religion as a constitutional language; 2.1.1 "Islamic constitutionalism"; 2.1.2 Political Islam and constitutional desecularization; 2.1.3 The politicization of religion and fundamentalism

2.2 Exclusive constitutional developments and external aims2.2.1 State religions as external aims; 2.2.2 Non-religious external aims; 2.2.3 External aims and limitations on equal liberty; Part II Constitutional developments and the development of constitutionalism; Chapter 3 The object of constitutions and constitutionalism; 3.1 Constitutionalism as a normative ideal and as a process; 3.1.1 Central features of constitutionalism; 3.1.2 Equal liberty as the justification for political authority; 3.1.3 Shift from state-centered to individual-centered sovereignty

3.1.4 Constitutional rights and limitations to equal liberty3.2 The development towards constitutional secularity in theory and practice; 3.2.1 Constitutional secularity as a principle of governance; 3.2.2 Constitutional secularity as an idea; 3.2.3 Constitutional secularity in constitutional developments; 3.2.4 Constitutional secularity and international human rights law; Part III The past, the present, and the perhaps: constitutional desecularization in context; Chapter 4 Political change and constitutional change in Afghanistan, Iran, and Iraq; 4.1 The constitutional past

4.1.1 The 20th-century constitutional developments4.2 The constitutional present: the scope of equal liberty; 4.2.1 Form of government; 4.2.2 The restraining principle and the source of law provision; 4.2.3 The interpretation of the restraining principle; 4.2.4 Non-discrimination and equality provisions; 4.2.5 Institutional aspects of the adjudication of rights; 4.2.6 Constitutional amendments; 4.2.7 Constitutional rights provisions; Chapter 5 The formal regulation of freedom of thought, expression, and political participation in the Afghan, Iranian, and Iraqi constitutions; 5.1 Afghanistan

5.2 Iran5.3 Iraq; Chapter 6 Conclusions; References; 1.1 National constitutions and legislation; 1.2 International conventions; 1.3 UN Expert Bodies; 1.4 Selected UN Reports; 1.5 Books, articles, and other literature; 1.6 Encyclopedia; 1.7 Reports; Index

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

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