Rawlsian constructivism and the challenge of the principle of bilateralism in the relations between the Italian Republic and religious denominations: toward an inclusive model$h

1. The Fragility of Bilateralism : Challenges to equal freedom for all religious denominations in Italy’s Secular Legal Framework. 2. Rawlsian Constructivism, Neutrality, and Secularism : The Role of Public Reason in Pluralistic Democracies. 3. Rawlsian Constructivism and the Principle of Bilaterali...

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Bibliographic Details
Main Author: Hussen, Basira (Author)
Format: Electronic Article
Language:English
Check availability: HBZ Gateway
Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Published: 2025
In: Il diritto ecclesiastico
Year: 2025, Volume: 136, Issue: 1, Pages: 133-167
Standardized Subjects / Keyword chains:B Italy / Bilateralität / Religious organization / Rawls, John 1921-2002 / Constructivism (Philosophy) / Constitution / Constitutional court
IxTheo Classification:SA Church law; state-church law
Further subjects:B Bilateralism
B Pluralism
B Secularism
B Constructivism
B Rawls
Online Access: Volltext (lizenzpflichtig)
Description
Summary:1. The Fragility of Bilateralism : Challenges to equal freedom for all religious denominations in Italy’s Secular Legal Framework. 2. Rawlsian Constructivism, Neutrality, and Secularism : The Role of Public Reason in Pluralistic Democracies. 3. Rawlsian Constructivism and the Principle of Bilateralism. 4. Toward the Overcoming of the Bilateral System ?
This article explores the tensions between Italy’s bilateral system for regulating State-religion relations and the principles of Rawlsian constructivism. While Italian bilateralism aims to respect religious pluralism through tailored agreements, it often reinforces structural inequalities and discretionary exclusions. Drawing on Rawls’s concepts of public reason and reflective equilibrium, the paper critiques the current asymmetries in legal recognition and access to agreements by the religious minority groups. It argues that the Italian bilateral system requires reforms that ensure inclusivity, transparency, and procedural fairness : proposals such as a general law on religious freedom and ‘open agreements’ are examined as means to align practice with constitutional ideals. By integrating Rawlsian insights, the article envisions a recalibrated bilateralism grounded in justice, equality, and democratic legitimacy.
ISSN:2035-3545
Contains:Enthalten in: Il diritto ecclesiastico
Persistent identifiers:DOI: 10.19272/202530801006