"Religion and New Constitutions: Recent Trends of Harmony and Divergence" Now Published

The McGeorge Law Review has now published my article Religion and New Constitutions: Recent Trends of Harmony and Divergence.  The article in its final form can be downloaded for free from SSRN.

Religion Provisions of the Syrian Draft Constitution (2012)

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."
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Given the on-going civil war, this 2012 draft constitution is of limited practical value.  The document contains a clear establishment of Islam, a weak religious freedom guarantee, a surprising equal protection of religion provision, and a provision I have never seen before guaranteeing that the families of martyrs will be compensated.
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Established Religion

Article 3

(1). The President has to be part of the Muslim faith.

(2). Islamic jurisprudence doctrine is a primary source of legislation.

Religious Freedom

Article 3

(3). The state respects all religious beliefs and guarantees freedom to perform all rituals provided they do not jeopardise general order.

(4). Personal welfare and status of religious sects is protected and respected.

Article 42

1.     Freedom of belief is protected in accordance with law.

Ceremonial Deisms

Article 7

The constitutional oath is as follows:

"I swear by God the Almighty to respect the state's constitution, its laws and republican system, watch over the interests of the people and their freedoms, preserve the security, sovereignty and independence of the homeland, and work and struggle for the realisation of social justice and the unity of the Arab nation'." 

Article 145

Before assuming their duty, the President and members of the Supreme Constitutional Court take the following oath before the President of the Republic and in the presence of the speaker of the People's Assembly:

"I swear by the Almighty to respect the country's Constitution and laws and to carry out my duty with impartiality and loyalty."

Equal Protection of Religion

Article 33 (3)  Citizens are equal in rights and duties, without discrimination on grounds of sex, race, language, religion or creed.

Miscellaneous

Article 21

Martyrdom for the sake of the nation is a supreme value and the State shall provide for the families of martyrs in accordance with the Law.

Religion Provisions of the Swaziland Constitution (2005)

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."
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The 2005 Constitution of Swaziland contains a religious freedom guarantee with some broad limitations, an equal protection guarantee, and some ceremonial deisms.
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Preamble

Whereas We the People of the Kingdom of Swaziland do hereby undertake in humble submission to Almighty God to start afresh under a new framework of constitutional dispensation;

Religious Freedom

23. (1) A person has a right to freedom of thought, conscience or religion.

(2) Except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others.

(3) A religious community is entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains, and that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which that community wholly maintains or in the course of any education which that community otherwise provides.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision

(a) that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or

(b) that is reasonably required for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief.

Equal Protection of Religion

20. (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.

(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.

Ceremonial Deisms

Second Schedule

OATHS

Sections 45(4), 73, 90(9), 128(1),143, 178 and 231(6)

(Oath or affirmation of allegiance)

I, ……………………………….. do swear (or solemnly affirm) that I will be faithful and bear true allegiance to King ……………………………, his heirs and successors, according to law.

So help me God. (To be omitted in affirmation.)

(Oath or Affirmation for due execution of office)

I……………………………………. do swear (or solemnly affirm) that I will well and truly serve King ……………………………….., his heirs and successors, in the office of (here insert the description of the office).

So help me God. (To be omitted in Affirmation)

(Judicial oath or Affirmation)

I……………………………………… do swear (or solemnly affirm) that I will well and truly serve King……………………………, his heirs and successors, in the office of (here insert the description of the judicial office) and I will do right to all manner of people according to the law without fear or favour, affection or ill will.

So help me God. (To be omitted in Affirmation)

"Religion, Secularism, and the National School Chaplaincy and Student Welfare Program"

A working draft of my new article Religion, Secularism, and the National School Chaplaincy and Student Welfare Program is now available for free download on SSRN.  Here is the abstract:

"This article examines the structure and function of the Commonwealth of Australia's National School Chaplaincy and Student Welfare Program (NSCSWP) in the context of an inquiry into whether the program should be considered religious, secular, or somewhere in between. The argument advanced is that changes to the program since its inception have rendered it incoherent in purpose and internally contradictory in design. Because of these flaws, the NSCSWP fails to effectively achieve legitimate policy goals. However, the Program can be redesigned to achieve its ends while simultaneously welcoming religious individuals and remaining faithful to a liberal vision of neutrality towards religion."

Religion Provisions of the Transitional Constitution of South Sudan

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."
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Here we have the 2011 transitional Constitution for South Sudan.  The Constitution contains several ceremonial deisms in the Preamble and Oath provisions, but it contains probably the most detailed and specific religious freedom provision of any constitution I've seen for this project.  It also contains an anti-establishment provision.
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Preamble

Grateful to the Almighty God for giving the people of South Sudan the wisdom and courage to determine their destiny and future through a free, transparent, and peaceful referendum in accordance with the provisions of the Comprehensive Peace Agreement, 2005;

Establishment Clause

Article 8(1)  Religion and State shall be separate.

Equal Protection of Religion

Article 8(2)  All religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes.

Article 14  All persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status.

Religious Freedom

23. The following religious rights are guaranteed by this Constitution:

(a) the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes;

(b) the right to establish and maintain appropriate faith-based, charitable or humanitarian institutions;

(c) the right to acquire, possess and own movable and/or immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of religion or belief;

(d) the right to write, issue and disseminate religious publications;

(e) the right to teach religion or beliefs in places suitable for these purposes;

(f) the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions;

(g) the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief;

(h) the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs; and

(i) the right to communicate with individuals and communities in matters of religion and beliefs at national and international levels.

Ceremonial Deisms

65. To assume his or her functions, every member of the National Legislative Assembly or the Council of States shall take the following oath before the appropriate House:

“I…….......…....., as a Member of the National Legislative Assembly/Council of States, do hereby swear by Almighty God/ solemnly affirm/ that I will bear true faith and allegiance to the Republic of South Sudan and its people; that I will obey and respect the Constitution and abide by the law; and that I will faithfully and conscientiously discharge my duties and responsibilities as a member of the National Legislative Assembly/Council of States and serve the people of the Republic of South Sudan to the best of my ability, so help me God.”

99. The President of the Republic of South Sudan shall, before assuming office, take the following oath before the public:

“ I……….…………., do hereby swear by the Almighty God/ solemnly affirm, that as the President of the Republic of South Sudan, I shall be faithful and bear true allegiance to the Republic of South Sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative manner to foster the development and welfare of the people of South Sudan; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God.”

108. (1) The President may appoint a limited number of Presidential Advisors and shall define their functions.

(2) To assume office, a Presidential Advisor shall, before the President, take the following oath:

“I……….…………., do hereby swear by the Almighty God/solemnly affirm/, that as a Presidential Advisor, I shall be faithful and bear true faith and allegiance to South Sudan and shall diligently and honestly discharge my duties and responsibilities and strive to foster the development and welfare of its people; that I shall obey, preserve and defend the Constitution and abide by the law; and that I shall protect and promote the unity of the people of South Sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of South Sudan; so help me God.”

Salafist Qur'an Banned in Russia

Slowly starting to get caught up on some recent stories.  Last month, Religion Clause Blog had a post about a Russian court banning a Salafi translation of the Qur'an on the basis that it was "extremist" literature.  The move was quite controversial among Russian Muslims, with some supporting the decision and others condemning it.

New Resource for Finding Religion Provisions in Constitutions

As reported in Religion Clause Blog, Google has created a new website named "Constitute" that allows users to search the text of almost every Constitution currently in force around the world.  Provisions are also coded by subject matter.  This would have made my research on religion in new constitutions much easier, and I'm excited to try out the site.

Religion Provisions of the Constitution of Serbia

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."
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The Constitution of Serbia has a strongly worded provision on the separation of church and state.  It's equal protection provision is quite standard, and it's religious freedom provision includes what is becoming standard: a proviso that the right doesn't apply if infringement is necessary to achieve other legitimate state values.
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Constitution of Serbia

Establishment Clause

Article 11

The Republic of Serbia is a secular state.

Churches and religious communities shall be separated from the

state. No religion may be established as state or mandatory religion.

Article 44  Churches and religious communities are equal and separated from the

state.

Equal Protection of Religion

Article 21  All direct or indirect discrimination based on any grounds, particularly

on race, sex, national origin, social origin, birth, religion, political or other opinion,

property status, culture, language, age, mental or physical disability shall be

prohibited.

Religious Freedom

Article 43

Freedom of thought, conscience, beliefs and religion shall be guaranteed,

as well as the right to stand by one’s belief or religion or change them by choice.

No person shall have the obligation to declare his religious or other beliefs.

Everyone shall have the freedom to manifest their religion or religious

beliefs in worship, observance, practice and teaching, individually or in community with

others, and to manifest religious beliefs in private or public.

Freedom of manifesting religion or beliefs may be restricted by law only if

that is necessary in a democratic society to protect lives and health of people, morals of

democratic society, freedoms and rights guaranteed by the Constitution, public safety and

order, or to prevent inciting of religious, national, and racial hatred.

Parents and legal guardians shall have the right to ensure religious

and moral education of their children in conformity with their own convictions.

Article 44  Churches and religious communities shall be equal and free to organize

independently their internal structure, religious matters, to perform religious rites in public,

to establish and manage religious schools, social and charity institutions, in accordance

with the law.

Constitutional Court may ban a religious community only if its activities

infringe the right to life, right to mental and physical health, the rights of child, right to

personal and family integrity, public safety and order, or if it incites religious, national or

racial intolerance.