Constitutions and Religious Freedom

Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examine the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

1. Why freedom of religion?; 2. Religious freedom around the world; 3. Measuring religious freedom; 4. Social factors and religious freedom; 5. Constitutions and religious freedom; 6. The constitutional protection of religious freedom; 7. Religious freedom and society.

Frank B. Cross holds a joint appointment as the Herbert D. Kelleher Centennial Professor of Business Law and Professor of Law at the University of Texas. His scholarship traverses several fields, including descriptive and normative studies of judicial decision making, the economics of law and litigation, and traditional policy and doctrinal issues in administrative and environmental law. Since 1998, he has published more than twenty articles in various publications, including the Yale Law Journal, the Cornell Law Review, the New York University Law Review, and the Columbia Law Review.