Governance of religious diversity at the European Court of Human Rights

作者: Matthias Koenig

DOI: 10.1007/978-3-030-31856-7_5

关键词: Judicial activismLawHuman rightsFundamental rightsPolitical scienceEuropean Union lawInternational human rights lawReligious organizationJudicial restraintLinguistic 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.