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Maurits S. Berger

Introduction In this article, I propose a conceptual legal-anthropological approach to the notion of “Sharia in the West.” Although the term “Sharia” is widely used in the West, it is rife with contradiction and confusion. For example, in 2003, the European Court of Human Rights ruled that

Jianlin Chen

The religious free market has also been adopted by legal scholars abroad in their analysis of foreign jurisdictions. Examples include Russell Sandberg’s assessment of the European Court of Human Rights, 25 Kyriakos N. Kyriazopoulos’s critique of Greek anti-proselytization laws, 26 and Li-Ann Thio

Florian Grötsch

. Most of the signatory states have also integrated the legal norms of the ECHR into their own national law. Unlike the universal human rights, one can have recourse to the European Court of Human Rights in order to ensure the enforcement of the human rights which are formulated in this Convention. All

Louise Fuller

about as the result of a directive from the European Court of Human Rights, which called for the decriminalisation of homosexual acts between consenting adults. 72 From 1973 and Ireland’s accession to the European Economic Community, the legal framework within which the Irish government operated was no

Russell Sandberg

right to manifest religion or belief (Article 9): the European Court of Human Rights at Strasbourg has placed “a degree of obligation upon the state to ensure a culture of tolerance and pluralism.” 54 Most notably, the Grand Chamber in Refah Partisi v Turkey 55 51) Davie, Europe: the Exceptional Case

Christoph Morgenthaler, David Plüss and Carl Sterkens

Church tax in canton Neuchâtel in 2010 (Bradley 2010 ). More recently, in April 2011, a self-employed software engineer applied to the European Court of Human Rights in response to being obliged to pay Church tax in the canton of Schwyz, after the Swiss Federal Court in Lausanne had ruled that the

Eva Brems, Eva Brems, Jogchum Vrielink, Eva Brems, Jogchum Vrielink and Saïla Ouald Chaib

basic democratic rights and principles. *  The first author’s contribution was made possible thanks to funding from the European Research Council for the project ‘Strengthening the European Court of Human Rights: More Accountability through Better Legal Reasoning’. The second author

Mark D. Rosen

proportionality. See Jamal Greene, “The Rule of Law as a Law of Standards,” 99 Geo. L.J. (2011), 1289, 1291 (“Many of the world’s most respected constitutional courts, including the courts of Canada, Germany, Israel, India, and South Africa, in addition to the European Court of Human Rights and the European

Rex Ahdar

) Everyone has the right to freedom of thought, conscience and religion.” The breadth of the provision was underscored by the European Court of Human Rights: As enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a “democratic society” within the meaning of the

Rossella Bottoni

individuals with the highest level of intellect should exercise power, and a sexual theory alleged to advocate pedophilia and incest) have made the movement controversial, and in some cases subject to restrictive measures. See, among others, European Court of Human Rights, Mouvement Raelïen Suisse v