Wednesday, January 16, 2013

Religion Provisions of the Montenegro Constitution of 2007

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."
Here's a list of the few passages of the Montenegro Constitution of 2007 having to do with religion.  It contains a separation of church and state guarantee and fairly detailed religious freedom provision.

Montenegro Constitution 2007

Establishment Clause

Article 14

Religious communities shall be separated from the state.

Religious Freedom

Article 14

Religious communities shall be equal and free in the exercise of religious rites and religious affairs.

Article 46

Everyone shall be guaranteed the right to freedom of thought, conscience and religion, as well as the right to change the religion or belief and the freedom to, individually or collectively with others, publicly or privately, express the religion or belief by prayer, preaches, customs or rites.
No one shall be obliged to declare own religious and other beliefs.
Freedom to express religious beliefs may be restricted only if so required in order to protect life and health of the people, public peace and order, as well as other rights guaranteed by the Constitution.

Monday, January 14, 2013

"A Polemic Against the Standing Requirement in Constitutional Cases"

A draft of my new article A Polemic Against the Standing Requirement in Constitutional Cases is available on SSRN for free download here.

This is the abstract:

This article argues that, in constitutional cases, the standing requirement should be flatly abolished. The primary flaw with standing doctrine is that renders large swathes of the Constitution functionally worthless, contrary to the clear intention of the text and the structure of the document itself, as well as the intentions of those who drafted and ratified it. Further, standing doctrine lacks textual support, historical support, a role in maintaining the separation of powers, or any other practical necessity to warrant its retention.