Hunter-Henin, Myriam;
(2023)
Religious Neutrality at Europe’s Highest Courts: Shifting Strategies.
Oxford Journal of Law and Religion
, 11
(1)
pp. 23-46.
10.1093/ojlr/rwac012.
Preview |
Text
Hunter-Henin_rwac012.pdf Download (348kB) | Preview |
Abstract
This article demonstrates that recent manifestations of religious neutrality in the case-law of Europe’s highest courts amount to ‘shifting strategies’, which prompt systematic and excessive judicial restraint from European supranational courts. It argues that these shifting strategies end up (wrongly) framing the visibility of religion as the problem to be solved. It suggests an alternative approach, under which neutrality would only have a derivative and conditional value, to be established and assessed by European courts. The role of European courts would then no longer be to display (allegedly neutral) judicial restraint but to provide a democratic forum in which equality and liberty interests may be constantly confronted and revisited as new contestations emerge.
| Type: | Article |
|---|---|
| Title: | Religious Neutrality at Europe’s Highest Courts: Shifting Strategies |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1093/ojlr/rwac012 |
| Publisher version: | https://doi.org/10.1093/ojlr/rwac012 |
| Language: | English |
| Additional information: | © The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. |
| UCL classification: | UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws UCL > Provost and Vice Provost Offices > UCL SLASH UCL |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10157785 |
Archive Staff Only
 |
View Item |
