作者: Matthias Koenig
DOI: 10.1007/978-3-030-31856-7_5
关键词: Judicial activism 、 Law 、 Human rights 、 Fundamental rights 、 Political science 、 European Union law 、 International human rights law 、 Religious organization 、 Judicial restraint 、 Linguistic rights
摘要: This chapter analyzes the role played by European Court of Human Rights (ECtHR) in judicial politics religious diversity. Based on an analysis case law from 1959 to 2011, it suggests that ECtHR has contributed institutional secularization nation-states through a complex interplay political constellations and legal path-dependence. The first section provides brief historical account Court’s origins shows how these have led decades ‘judicial restraint’ vis-a-vis member-states’ policies toward religion. second scrutinizes developments past two decades, which gained increased autonomy. It explores ECtHR, responding mobilization around rights, moved greater activism’, thus ultimately undermining existing arrangements state, national identities organizations.