Religion-State Relations in the United States and Germany

The Quest for Neutrality

Nonfiction, Reference & Language, Law, Comparative, Constitutional
Cover of the book Religion-State Relations in the United States and Germany by Claudia E. Haupt, Cambridge University Press
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Author: Claudia E. Haupt ISBN: 9781139210072
Publisher: Cambridge University Press Publication: December 8, 2011
Imprint: Cambridge University Press Language: English
Author: Claudia E. Haupt
ISBN: 9781139210072
Publisher: Cambridge University Press
Publication: December 8, 2011
Imprint: Cambridge University Press
Language: English

This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated.

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This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated.

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