CEU Electronic Theses and Dissertations, 2023
| Author | Bojanovska Popovska, Dorjana |
|---|---|
| Title | Reversed Secularization and the Limits of Constitutional Secularism: Reevaluating Models of Separation in France, Italy and Turkiye |
| Summary | Emergent literature in constitutional law related to religious revival, focuses on conceptual conundrums and criticism of constitutional secularism. The dissertation offers a novel perspective on the source of weakness of the principle and a better understanding of the responses triggering criticism. Instead of focusing solely on theoretical considerations, the dissertation determines the normative potential and practical meaning of constitutional secularism, by focusing on three jurisdictions with constitutional commitment to the principle (France, Italy and Türkiye); on two historically contested areas, indicative of its limits (education and state funding of religion); through three levels of inquiry (conceptualization, legislative and adjudicative). To better understand the evolution of the principle it introduces the concept of reversed secularization - a process of political renegotiation rearranging the landscapes of state-religion relationship. To better classify avenues taken by courts in adjudicating cases impacting the interpretation of the principle, it introduces the dichotomy of the thickening and thinning of the principle of secularism. The dissertation answers the question: What is the normative potential of the principle of secularism in the three jurisdictions and how does it operate under pressure from contextual and political determinations?; by answering three sub-questions: How was the principle of secularism constructed, and what contextual determinators were key in its normative conceptualization? How has the normative content of the principle of secularism been developed or challenged on the legislative level in the field of education and state funding of religion? Does judicial interpretation in cases related to constitutional secularism and education or state funding of religion lead to the “thickening” or “thinning” of the principle of secularism? The main argument is as follows: Constitutional secularism, as a specific arrangement determining the level of separation in a specific jurisdiction, is contingent upon the level of the consolidation of power the state achieved in the nation-building project and the strength of the majority religion against which it emerged; as such it is normatively weak and upon changed conditions allows for political re-negotiation leading to a process of reversed secularization. The dissertation finds that the level of separation between religion and state in each jurisdiction was preconditioned by the respective level of constitutional consolidation of power of the state at the time of foundation of legal institutions, and the organized strength of the majority religion. The “founding moment” determines a path dependence, both institutionally and at the level of reasoning. However, while the original constitutional position sets the frame, it does not preclude adaptation to changing political and social conditions, in particular the influence of politicized religion. All this indicates the relative weakness of secularism as a concept or principle. On a legislative level, the renegotiation of what is permissible in education has shifted in accordance with dominant positions even if the core framework remained intact whilst, the limits of permissible funding have been prone to reinterpretation being a value-neutral domain in which justifications can be easily translated into neutral terms. At the level of adjudication, trends in both fields have indicated a parallel thickening and thinning of the principle of secularism. |
| Supervisor | Sajó, András |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2023/bojanovska_dorjana.pdf |
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