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<p>This paper examines the phenomenon of judicial nationalism in divided societies through a comparative analysis of India, Israel, and Sri Lanka. It argues that constitutional courts at least occasionally function as ideological actors that construct and legitimize dominant national identities. Using the concept of selective secularism, the study explores cases in which a nation’s supreme courts privilege majoritarian religious narratives or marginalizing minority claims. The paper focuses on cases in which court decisions have affected the symbolic boundaries of their nations, often aligning with populist interests over legal secular ones. These findings have significant implications for judicial neutrality and the future of constitutionalism in culturally fragmented polities.</p>

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A supreme court’s dilemma: secularism, religious identity, and judicial decisions in divided societies

  • 期刊论文

  • 发表日期：

    2025年10月15日

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  • Jamal Uddin Choudhury

摘要

This paper examines the phenomenon of judicial nationalism in divided societies through a comparative analysis of India, Israel, and Sri Lanka. It argues that constitutional courts at least occasionally function as ideological actors that construct and legitimize dominant national identities. Using the concept of selective secularism, the study explores cases in which a nation’s supreme courts privilege majoritarian religious narratives or marginalizing minority claims. The paper focuses on cases in which court decisions have affected the symbolic boundaries of their nations, often aligning with populist interests over legal secular ones. These findings have significant implications for judicial neutrality and the future of constitutionalism in culturally fragmented polities.