The judicialization of religious freedom: Variations on a theme

Abstract

This article discusses places and historical circumstances where religious freedom is generally protected by governments, including their judicial systems, and contrasts this with examples where such is not the case. Societal conditions contributing to religious freedom derived from theorizing on the ‘sociology of religious freedom’ are discussed, focusing on the characteristics of legal systems. Included is an application of sociology of law theories concerning how minority religious groups sometimes prevail in legal battles, followed by discussion of ‘judicialization of religious freedom’ concept. International legal systems and organizations that promote religious freedom are briefly described before discussing recent developments in the United States involving conflicts between the Supreme Court and Congress as well as the European Court of Human Rights (ECtHR), with its generally strong record concerning religious freedom. Russia and China, where religious freedom is severely limited or virtually nonexistent, demonstrate conditions not conducive to religious freedom, causing minority faiths to suffer severe consequences.