Secular constitutionalism vindicated

Frances Raday*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

Secular constitutionalism is a system not an ideological monolith. Secularism unadorned is the relegation of the eschatological ideology of religions to the private sphere, divorced from political power. The secular state bases the regulation of society on political decision-making made in accordance with prevailing norms of the times. In democracies, this decision-making is made by the elected representatives of the majority. It is a system which allows pluralism of thought and conscience to thrive. It is a system which allows individuals and groups to express themselves freely, not coerced by a prevailing creed. Under secular democracies, this may be achieved either by guaranteeing non-interventionist neutralism or of permitting promotion of religion in accordance with constitutional principles. Where the State adopts a policy of non-interventionist neutralism toward all the various forms of ethical ideology, religious or ethical belief remains a private matter and there is theoretically no problem in ensuring equal treatment. In such a situation the State needs only to ensure absolute non-intervention in the realm of private conscience and equal treatment for members of society; different beliefs or non-beliefs naturally follow. The solution of separation of State and religion has been intended to achieve this kind of egalitarianism on a conceptual level. However, where religious or other forms of ethical expression are perceived as requiring public expression, and where the State adopts a promotionalist and not a non-interventionist stance, the problem of securing equal treatment for the various forms of religious belief, for non-belief and for secular conviction becomes crucial and problematic.

Original languageEnglish
Title of host publicationReligion in the Public Space
Subtitle of host publicationVolume III
PublisherTaylor and Francis
Pages53-82
Number of pages30
ISBN (Electronic)9781351905008
ISBN (Print)9781315244754
StatePublished - 5 Dec 2016
Externally publishedYes

Bibliographical note

Publisher Copyright:
© Silvio Ferrari and Rinaldo Cristofori 2013. For copyright of individual articles please refer to the Acknowledgements.

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