MIRROR, MIRROR ON THE WALL, WHO’S THE FREEST OF THEM ALL : A COMPARISON OF SELECTED ISSUES PERTAINING TO FREEDOM OF RELIGION IN THE USA AND INDIA

• 영문명: MIRROR, MIRROR ON THE WALL, WHO’S THE FREEST OF THEM ALL : A COMPARISON OF SELECTED ISSUES PERTAINING TO FREEDOM OF RELIGION IN THE USA AND INDIA
• 발행기관: 세계헌법학회 한국학회
• 저자명: Vinita Bali
• 간행물 정보: 『세계헌법연구』세계헌법연구 제11권 제1호, 115~138쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

Among the features peculiar to the political system of the United States, is the perfect equality of rights which it secures to every religious sect…Equal laws, protecting equal rights, are found, as they ought to be presumed, the best guarantee of loyalty and love of country; as well as best calculated to cherish that mutual respect and good will among citizens of every religious denomination which are necessary to social harmony, and most favorable to the advancement of truth. - James Madison "[A]n India in which … all communities shall live in perfect harmony... that is the India of my dreams."

목차

Abstract

Ⅰ. INTRODUCTION

Ⅱ. THE IMPORTANCE OF RELIGION IN THE US AND INDIA : THE PRE - CONSTITUTION YEARS

Ⅲ. RELEVANT FEATURES OF THE US AND INDIAN CONSTITUTIONS

Ⅳ. IDENTIFYING THE PROTECTED RIGHT : WHAT IS RELIGION?

Ⅴ. PROBLEMS OF PROOF : STANDARD OF REVIEW, WHAT IS THE BURDEN AND WHO BEARS IT?

Ⅵ. GOVERNMENT MEDDLING IN RELIGIOUS DISPUTES

Ⅶ. PROTECTION OF MINORITY RIGHTS : DO PERSONAL RELIGIOUS LAWS IN INDIA OFFER MORE RELIGIOUS FREEDOM THAN IN THE US?

Ⅷ. CONCLUSION