宗教自由的宪法斗争:印度和印度尼西亚的比较研究

Q4 Social Sciences
N. Tripathi, A. Kumar
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引用次数: 0

摘要

宪法倾向于规范宗教和国家当局之间的关系。在现代国家兴起之前,很难正确区分法律、宗教和道德。随着西方自由主义的兴起,民主和世俗主义的概念获得了新的关注,变得根深蒂固,并与现代宪法框架保持一致。对于宪法制定者来说,建立国家与宗教之间的关系是一个棘手的问题。反对宪法承认宗教的人认为宗教是私事,与个人信仰和良心有关。本文研究了印度和印度尼西亚在宗教自由权利方面的比较宪法框架。作为充满活力的民主国家,印度和印度尼西亚都是由不同种族的人口组成的,两国都在努力解决有关宗教多数派和少数派的问题。在印度,印度教徒占多数,然后是穆斯林、基督教徒、锡克教徒和佛教徒;而在印度尼西亚,穆斯林占多数,然后是基督教徒、印度教徒和佛教徒。印度和印度尼西亚都批准了《公民权利和政治权利国际公约》。这些国家宪法法院的判决促使宪法学者分析宪法承认的宗教自由的地位及其可执行性。本文首先研究了当代国家与宗教的关系,从而对印度和印度尼西亚有关宗教自由的宪法条款的形成进行了比较研究。其次,它旨在确立宗教自由在宪法框架内的重要性。第三,它将讨论印度和印度尼西亚有关承认和执行宗教自由的问题,并从多数主义和宗教不容忍的角度进行分析。第四,它将分析印度和印度尼西亚宪法法院在制定和确立两国宗教自由基本原则方面具有里程碑意义的判决。司法机构和政府机构在处理宗教自由问题方面的作用仍然是印度和印度尼西亚等民主国家的一个中心问题。考虑到需要进行更全面的研究,并为这一领域的文献做出贡献,作者将对这两个国家的宗教自由进行比较分析,以细致入微地了解宗教权利及其与各自宪法的相互作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Constitutional Struggle for Religious Freedom: A Comparative Study of India and Indonesia
Constitutions tend to regulate the relationship between religious and state authorities. Before the rise of the modern state, it was difficult to make proper distinctions between law, religion and morality. With the emergence of Western liberalism, the concept of democracy and secularism gained newfound attention, becoming ingrained and in tune with modern constitutional frameworks. Establishing the relationship between state and religion is a thorny issue for constitution-makers. Opponents of constitutional recognition of religion view religion as a private matter, relating to personal beliefs and conscience. This paper studies the comparative constitutional frameworks of India and Indonesia in relation to the right to religious freedom. As vibrant democracies comprised of ethnically diverse populations, both India and Indonesia grapple with issues concerning religious majorities and minorities. In India, Hindus are the majority, then Muslims, Christians, Sikhs and Buddhists; whereas in Indonesia, Muslims are the majority, then Christians, Hindus and Buddhists. Both India and Indonesia have ratified the International Covenant on Civil and Political Rights. The judgments of the constitutional courts in these countries have prompted constitutional law scholars to analyze the status of constitutionally recognized freedom of religion and its enforceability. This article first studies the relationship between state and religion in the contemporary sphere, thereby engaging in a comparative study of the formation of constitutional provisions in relation to religious freedom in India and Indonesia. Second, it aims to establish the importance of religious freedom within a constitutional framework. Third, it will discuss the issues surrounding recognition and enforcement of religious freedom in India and Indonesia, as well as providing an analysis from the perspective of majoritarianism and religious intolerance. Fourth, it will analyze landmark judgments of the constitutional courts of India and Indonesia in formulating and establishing the basic tenets of religious freedoms in the two nations. The role of the judiciary and governmental institutions in dealing with issues of religious freedom remains a central question in democratic countries such as India and Indonesia. Keeping in mind the need for a more holistic study and contributing to the literature in this area, the authors will present a comparative analysis of religious freedom in both these nations for nuanced understanding of religious rights and their interplay with the respective constitutions.
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来源期刊
Constitutional Review
Constitutional Review Social Sciences-Law
CiteScore
1.10
自引率
0.00%
发文量
6
审稿时长
12 weeks
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