{"title":"Erratum to: Limitations to the Right to Religious Freedom: Rethinking key approaches","authors":"Farrah Raza","doi":"10.1093/OJLR/RWAA033","DOIUrl":"https://doi.org/10.1093/OJLR/RWAA033","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWAA033","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41682861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Erratum to: Conscience and the Burden Inquiry—What and Why Should be Investigated in Exemption Cases?","authors":"W. Ciszewski","doi":"10.1093/ojlr/rwab009","DOIUrl":"https://doi.org/10.1093/ojlr/rwab009","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42786231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the content and implications of the Supreme Court of Kenya’s judgment in Methodist Church in Kenya v Mohamed Fugicha and 3 Others. There, by majority decision, the Supreme Court overturned the Court of Appeal’s ruling that reasonable accommodation be made for the wearing of Islamic hijabs by female Muslim students in Kenyan schools. While Methodist Church in Kenya was expected to clarify the scope of the right to manifest religious belief in Kenya, the Supreme Court used specious logic based on legalism to avoid that issue. This article shows how the majority decision contradicts principles of enforcement of constitutional rights by focusing unduly on procedural technicalities, avoiding the core issue of permissible restrictions on religious expression and leaving key legal questions unresolved. It also highlights the well-reasoned dissenting opinion that addressed the core issue and which has crucial import for future development of religious freedom jurisprudence in Kenya
{"title":"Constitutional Law and Islamic Hijabs in Kenyan Schools: The Supreme Court’s Specious Constraint in Methodist Church in Kenya","authors":"B. Yk","doi":"10.1093/OJLR/RWAA034","DOIUrl":"https://doi.org/10.1093/OJLR/RWAA034","url":null,"abstract":"\u0000 This article analyses the content and implications of the Supreme Court of Kenya’s judgment in Methodist Church in Kenya v Mohamed Fugicha and 3 Others. There, by majority decision, the Supreme Court overturned the Court of Appeal’s ruling that reasonable accommodation be made for the wearing of Islamic hijabs by female Muslim students in Kenyan schools. While Methodist Church in Kenya was expected to clarify the scope of the right to manifest religious belief in Kenya, the Supreme Court used specious logic based on legalism to avoid that issue. This article shows how the majority decision contradicts principles of enforcement of constitutional rights by focusing unduly on procedural technicalities, avoiding the core issue of permissible restrictions on religious expression and leaving key legal questions unresolved. It also highlights the well-reasoned dissenting opinion that addressed the core issue and which has crucial import for future development of religious freedom jurisprudence in Kenya","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42175800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Symphony as a legal concept was formulated in Late Antiquity by Justinian I, a famous Byzantine Emperor, in his Novella 6 of 535 C.E., and it is readily utilized by the post-Soviet Russian Orthodox Church as the model of ideal church-state relations even at present. The question we ask in this article is if this model, in the manner it was laid down in the policy documents of the Russian Orthodox Church, is compatible (and, if so, to what extend) with the principle of the rule of secular law. This problem will be analyzed in the present paper on the example of the Church’s attitude toward the constitutional principle of secularity and separation of state and church. In Russia, this principle from Article 14 of the Constitution in fact collides with the church-supported tradition of their “harmonious cooperation” which is called “symphony of powers.”
{"title":"The Varieties of Symphonia and the State–Church Relations in Russia","authors":"Антонов Михаил Валерьевич","doi":"10.1093/OJLR/RWAA035","DOIUrl":"https://doi.org/10.1093/OJLR/RWAA035","url":null,"abstract":"\u0000 Symphony as a legal concept was formulated in Late Antiquity by Justinian I, a famous Byzantine Emperor, in his Novella 6 of 535 C.E., and it is readily utilized by the post-Soviet Russian Orthodox Church as the model of ideal church-state relations even at present. The question we ask in this article is if this model, in the manner it was laid down in the policy documents of the Russian Orthodox Church, is compatible (and, if so, to what extend) with the principle of the rule of secular law. This problem will be analyzed in the present paper on the example of the Church’s attitude toward the constitutional principle of secularity and separation of state and church. In Russia, this principle from Article 14 of the Constitution in fact collides with the church-supported tradition of their “harmonious cooperation” which is called “symphony of powers.”","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWAA035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48009943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Islamic Jurisprudence as an Ethical Discourse: An Enquiry into the Nature of Moral Reasoning in Islamic Legal Theory","authors":"Ezieddin Elmahjub","doi":"10.1093/OJLR/RWAA023","DOIUrl":"https://doi.org/10.1093/OJLR/RWAA023","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/OJLR/RWAA023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45157749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/ojlr/rwab015","DOIUrl":"https://doi.org/10.1093/ojlr/rwab015","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61387883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/ojlr/rwab018","DOIUrl":"https://doi.org/10.1093/ojlr/rwab018","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61388010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/ojlr/rwab008","DOIUrl":"https://doi.org/10.1093/ojlr/rwab008","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61388067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/ojlr/rwab014","DOIUrl":"https://doi.org/10.1093/ojlr/rwab014","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61387861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/ojlr/rwab017","DOIUrl":"https://doi.org/10.1093/ojlr/rwab017","url":null,"abstract":"","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61387951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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