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A pioneering exploration of the phenomenon of the composite state in Eighteenth-century Europe. Employing a comparative approach, it combines the findings of new research on Ireland with broader syntheses of major composite states in Europe – those of France, Austria and Poland-Lithuania.
The fifth volume of The Oxford History of British & Irish Catholicism--covering the period from the Great War, through the Second World War and the Second Vatican Council--surveys the transformed ecclesial landscape between the papacies of Benedict XV and Pope Francis. It explores the efforts of bishops, priests and people in Ireland and Scotland, Wales and England to respond to modern challenges and reintegrate the experiences and expertise of the laity into the ministry of the Church. Alongside the twentieth century's designation as an era of technological innovation, war, peace, globalization, decolonization and liberation, this period has also been designated 'the People's Century'. Viewed through the lens of the Catholic church in Britain and Ireland, these same dynamics are explored within thematic, synoptic chapters by leading scholars. As a century characterized by the rise, or better renewal of the apostolate of the laity, this edited collection traces the struggles to reconcile tradition, re-evaluate hierarchical authority, adapt to social and educational mobility, as well as to adjudicate serious challenges from outside and within--including inflammatory biopolitics and clerical sexual abuse--to religious belief and the legitimacy of the Church as an institution.
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Provides a more complete account of the human rights project that factors in the contribution of cosmopolitan Catholicism.
For much of the twentieth century, Ireland has been synonymous with conflict, the painful struggle for its national soul part of the regular fabric of life. And because the Irish have emigrated to all parts of the world--while always remaining Irish--"the troubles" have become part of a common heritage, well beyond their own borders. In most accounts of Irish history, the focus is on the political rivalry between Unionism and Republicanism. But the roots of the Irish conflict are profoundly and inescapably religious. As Marcus Tanner shows in this vivid, warm, and perceptive book, only by understanding the consequences over five centuries of the failed attempt by the English to make Ireland into a Protestant state can the pervasive tribal hatreds of today be seen in context. Tanner traces the creation of a modern Irish national identity through the popular resistance to imposed Protestantism and the common defense of Catholicism by the Gaelic Irish and the Old English of the Pale, who settled in Ireland after its twelfth-century conquest. The book is based on detailed research into the Irish past and a personal encounter with today's Ireland, from Belfast to Cork. Tanner has walked with the Apprentice Boys of Derry and explored the so-called Bandit Country of South Armagh. He has visited churches and religious organizations across the thirty-two counties of Ireland, spoken with priests, pastors, and their congregations, and crossed and re-crossed the lines that for centuries have isolated the faiths of Ireland and their history.
Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.