Overview

This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.

Full Product Details

Author:   Vincent Depaigne (Policy Officer, Fundamental Rights Unit, Policy Officer, Fundamental Rights Unit, European Commission)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.00cm , Length: 24.10cm
Weight:   0.510kg
ISBN:  

9780198803829

ISBN 10:   0198803826
Pages:   242
Publication Date:   13 July 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction: The Secular State and Its Legitimacy The Secular State between Procedural and Substantive Legitimacy 1: The 'Legitimacy Gap' in the Secular State 2: Constitution and Legitimacy: Procedural or Substantive? Models of Reconciliation between Constitutional Law and Culture 3: Locating Culture in the Secular State: Constitutional Law, Secularization, and the Status of Culture 4: The Secular Nation: France or the Limits of the 'Neutral Model' 5: 'Reformist' Secularism: Reconciling Pluralism, Equality and Unity in India 6: Malaysia: 'Asymmetric' Secularism Conclusion: Between 'De-Secularization' and 'Nationalization'

Reviews

Depaigne's book is based on extensive and wide-ranging scholarship and is ambitious and adventurous in scope. ... Readers of this book should expect to be provoked as well as stimulated. * Peter Jones, Ecclesiastical Law Journal *

Author Information

Dr Vincent Depaigne is a policy officer in the Fundamental Rights Unit, Directorate General for Justice, at the European Commission, dealing in particular with the dialogue between the European Commission and religious and non-confessional organizations. Dr Depaigne received his PhD in Law from the School of Oriental and African Studies, London, and a MSt in international human rights law from Oxford University.

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