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Full-Text Articles in Law
The Lautsi Decision As Seen From (Christian) Europe, Pierre-Henri Prelot
The Lautsi Decision As Seen From (Christian) Europe, Pierre-Henri Prelot
Maine Law Review
It is very interesting, as well as a strange, situation for the French to comment on behalf of the Americans in Lautsi case, especially the decisive pleading of Joseph Weiler in the Grand Chamber of the European Court in 2011. French people heard about Joseph Weiler a few years ago in 2009 when he published: “L’Europe Chretienne?: Une Excursion” (Christian Europr?: An Excursion). The book was prefaced by the French (Catholic) philosopher Remi Brague. The French edition had been translated from its 2003 Italian version. There is no English edition of it. Such a lacking may seem strange, but the …
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall
The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall
Maine Law Review
In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that the …
Freedom Of Religion And Freedom From Religion: The European Model, Jhh Weiler
Freedom Of Religion And Freedom From Religion: The European Model, Jhh Weiler
Maine Law Review
What place may religion have in our public space? In our definition of the State? In our educational systems? In defining our public identity? It is, in part, a question of and for democracy: Imagine a State with a majority of practicing Christians among its citizens. May they use the legislative and administrative institutions of the State to make theirs a Christian State? Would that not run up institutions of the State to make theirs a Christian State? Would that not run up against our most cherished constitutional principles of freedom, notable freedom of religion and freedom from religion? The …
Introduction: Symposium: Law, Religion, And Lautsi V. Italy, Malick W. Ghachem
Introduction: Symposium: Law, Religion, And Lautsi V. Italy, Malick W. Ghachem
Maine Law Review
This symposium offers a rare opportunity to see three of the finest minds in Law and Religion scholarship from both sides of the North Atlantic at work. Held at the University of Maine on March 23, 2012, the symposium featured a keynote address by Professor Joseph Weiler of New York University Law School. Professor Weiler’s remarks were occasioned by a 2011 decision of the European Court of Human Rights (“ECHR”) in Strasbourg, Lautsi v. Italy, upholding the constitutionality of the display of the crucifix in Italian public school classrooms under the European Convention of Human Rights (“the Convention”). The principal …