This paper looks at recent legal rulings and their impact on the public regulation of religion in France. The latter is often commented on for its stiffening, with numerous works highlighting increasingly strict legislation on religious practices, particularly regarding visible religious signs. While it retained the initial conception of secularism for a long time, the administrative judge is increasingly tending to support the evolution of secularism into a social value. How can we understand this about-turn? The demonstration is based on an analysis of three cases brought before the administrative courts between 2010 and 2024, set in the political and sociological context in which they arose (ruling on the law reinforcing respect for the principles of the Republic, on the wearing of the burkini in municipal swimming pools, and on the change in the Republican motto). The ad hoc legal innovations they are developing demonstrate the transfer of political arguments into the legal order, and exemplify a broader gender-oriented and securitization trend in the public regulation of religions.

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Legal Innovations in the Service of a Strict Regulation of Religions: An Analysis of Three Administrative Cases in France

  • Frederic Strack

摘要

This paper looks at recent legal rulings and their impact on the public regulation of religion in France. The latter is often commented on for its stiffening, with numerous works highlighting increasingly strict legislation on religious practices, particularly regarding visible religious signs. While it retained the initial conception of secularism for a long time, the administrative judge is increasingly tending to support the evolution of secularism into a social value. How can we understand this about-turn? The demonstration is based on an analysis of three cases brought before the administrative courts between 2010 and 2024, set in the political and sociological context in which they arose (ruling on the law reinforcing respect for the principles of the Republic, on the wearing of the burkini in municipal swimming pools, and on the change in the Republican motto). The ad hoc legal innovations they are developing demonstrate the transfer of political arguments into the legal order, and exemplify a broader gender-oriented and securitization trend in the public regulation of religions.