This chapters turns to the principle of neutrality, a cornerstone of liberal constitutionalism. The State is bound, in its relationship with religious minorities, to a norm of neutrality. But neutrality is a contested concept: How is it to be defined? What does it require in practice? And how is it reconciled with liberalism’s commitment to value pluralism? I argue that actions satisfying neutrality for one group may, nonetheless, result in the violation of religious freedom for another. This raises a fundamental challenge within liberal legal orders: the tension between treating all groups impartially and respecting the particularities of belief that define them.

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What Neutrality?

  • Astrid von Busekist

摘要

This chapters turns to the principle of neutrality, a cornerstone of liberal constitutionalism. The State is bound, in its relationship with religious minorities, to a norm of neutrality. But neutrality is a contested concept: How is it to be defined? What does it require in practice? And how is it reconciled with liberalism’s commitment to value pluralism? I argue that actions satisfying neutrality for one group may, nonetheless, result in the violation of religious freedom for another. This raises a fundamental challenge within liberal legal orders: the tension between treating all groups impartially and respecting the particularities of belief that define them.