1 Professor of Law, Hamad bin Khalifa University, Qatar; Research Scholar in Law and Religion, Valparaiso University, usa; Professor of Law (Adj.), University of Notre Dame Australia; Visiting Professor, The Open University, UK. firstname.lastname@example.org
This article compares the law and religion jurisprudence of the us Supreme Court and the European Court of Human Rights across three legal areas: religious symbols and religion-state relations, individual religious freedom, and institutional religious freedom or freedom of the church. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. Although there continues to be significant jurisprudential diversity between these two courts and across these legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern West.