Dinamiche interordinamentali fra Stato e religioni Formule, fenomeni e processi = The dynamics of interactions between legal systems : The role of religious rules and practices within state law

With this article the author analyses the set of interactions that may take place between religious law and State’s secular law. He does so by focusing on three variants of the so-called joint governance approach: the religious arbitral tribunals, India’s religion-based personal laws, and Italy’s en...

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Bibliographic Details
Subtitles:The dynamics of interactions between legal systems
Main Author: Alicino, Francesco 20./21. Jh. (Author)
Format: Electronic Article
Language:Italian
Check availability: HBZ Gateway
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Published: Il Mulino 2020
In: Quaderni di diritto e politica ecclesiastica
Year: 2020, Volume: 23, Issue: Speciale, Pages: 201-220
IxTheo Classification:SA Church law; state-church law
SB Catholic Church law
Further subjects:B Jurisdiction
B Human rights
B Marriage law
B Law
B Secularization Canon law
B Secularization
B Interaction
B Religion
Online Access: Volltext (doi)
Description
Summary:With this article the author analyses the set of interactions that may take place between religious law and State’s secular law. He does so by focusing on three variants of the so-called joint governance approach: the religious arbitral tribunals, India’s religion-based personal laws, and Italy’s enforcement of the sentences pronounced by ecclesiastical tribunals in matters of marriage. That will make it possible to better understand the reasons underlying the performances and deficiencies of some systems of relationship State-religions, which in turn reflect on the overlapping affiliation of individuals who at the same time may be legally classified as citizens of States, members of religions, and human rights holders.
Contains:Enthalten in: Quaderni di diritto e politica ecclesiastica
Persistent identifiers:DOI: 10.1440/98480