In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a variety of disciplines, the chapters in this volume provide insight into these and other issues. Yet the volume also provides an entry point into a deeper examination of the concepts that are often used to organise and manage religious diversity, notably state neutrality. By examining the exercise of public authority by individuals who are religiously committed – or who, in the discharge of their public responsibilities, must account for those who are – this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal.

As the availability and use of media platforms continue to expand, the cultural visibility of religion is on the rise, leading to questions about religious authority: Where does it come from? How is it established? What might be changing it? The contributors to The Media and Religious Authority examine the ways in which new centers of power and influence are emerging as religions seek to “brand” themselves in the media age. Putting their in-depth, incisive studies of particular instances of media production and reception in Asia, Africa, Latin America, and North America into conversation with one another, the volume explores how evolving mediations of religion in various places affect the prospects, aspirations, and durability of religious authority across the globe. An insightful combination of theoretical groundwork and individual case studies, The Media and Religious Authority invites us to rethink the relationships among the media, religion, and culture. The contributors are Karina Kosicki Bellotti, Alexandra Boutros, Pauline Hope Cheong, Peter Horsfield, Christine Hoff Kraemer, Joonseong Lee, Alf Linderman, Bahíyyah Maroon, Montré Aza Missouri, and Emily Zeamer, with an afterword by Lynn Schofield Clark.

Introduction : religious neutrality and the exercise of public authority / Richard Moon and Benjamin L Berger -- The meaning and entailment of the religious neutrality of the state : the case of public employees / Jocelyn Maclure -- Against circumspection : judges, religious symbols, and signs of moral independence / Benjamin L Berger -- Religious lawyering and legal ethics / Faisal Bhabha -- Managing and imagining religion in Canada from the top and the bottom : 15 years after / Paul Bramadat -- God keep our land : the legal ritual of the McKenna-McBride Royal Commission, 1913-16 / Pamela E Klassen -- In/visible religion in public institutions : Canadian Muslim public servants / Amélie Barras, Jennifer A Selby, and Lori G Beaman -- The prayer case saga in canada : an expert insider? : perspective on praying in the political and public arenas / Solange Lefebvre -- Physicians' rights to conscientious objection / Bruce Ryder -- Conscientious objections by civil servants : the case of marriage commissioners and same-sex civil marriages / Richard Moon -- A freedom of religion-based argument against religious schools / Daniel M Weinstock -- "Open house/portes ouvertes" : classrooms as sites of interfaith interface / Shauna Van Praagh

Editor Robert Winters covers the historical development of the right of assembly and petition, how the Supreme Court defines the rights of assembly and association, and the role of assembly and petition in social movements.

In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.