The dejudicialization of religious freedom?

Abstract

Despite a recent trend toward the judicialization of religious freedom (JRF), both historical experience and theoretical considerations suggest ‘dejudicialization’ is likely at some point. Yet, dejudicialization has provoked a little comment, and even less theorization, among social scientists studying religious freedom. This article conceptualizes the dejudicialization of religious freedom (DRF) in institutionalist terms, examines the structural forces that have facilitated JRF, and considers whether and how they may be waning in recent years. We argue conditions favorable toward dejudicialization in general, and DRF more specifically, are already emerging; highlight recent developments consistent with such a turn; and develop a typology of the forms that DRF may take.