Constitutional Theocracy

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Harvard University Press, May 5, 2011 - Law - 314 pages
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In this ground-breaking book, renowned constitutional scholar Ran Hirschl describes “constitutional theocracy,” a new, hybrid form of government that has emerged from an overlapping of two parallel trends during the 20th century: the rise in political religion on the one hand and the spread of constitutional forms of government to most countries in the world on the other. Hirschl delivers two blockbuster theses: That in most constitutional theocracies, 1) courts are the primary secular agents of government, and 2) the electorate usually has a choice between a secular party that is against redistribution of wealth and a more theological party that supports redistribution. This last thesis, especially, will be news to many of the book’s American readers, who are accustomed to a theological politics stridently opposed to redistribution.
 

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Contents

1 The Rise of Constitutional Theocracy
1
2 Constitutional Theocracy in Context
21
3 The Secularist Appeal of Constitutional Law and Courts
50
Constitutional Courts and the Containment of Sacred Law
103
5 Courts as Secularizing Agents in the Nontheocratic World
162
Constitutional Law and Religion Law
206
Glocalization? Constitutional Law and Politics in a Nonsecularist World
241
Cases and Laws Cited
251
Notes
261
Acknowledgments
299
Index
301
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About the author (2011)

Ran Hirschl is Professor of Political Science and Law, University of Toronto, and Canada Research Chair in Constitutionalism and Democracy.

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