Religion and the rule of law : religious freedom as a fundamental element to guarantee equality

Abstract

This article deals with the different perspectives on the separation between religion and State in the Western and Islamic worlds. A discussion of pluralism and Religious Freedom is made. The author also tackles the incompatibility between the ''Theocratic State" and constitutionalism, and the "method of relationship" between dominant values. Ando makes reference to the relationship between Islam and the territory, and the political unity of the Islamic world. Points are made with regards to freedom of religion in Israel, freedom of religion as positive freedom, freedom of religious confessions, and the defence of religious minorities seen as a defence of ethnic identity. The author also deals with the problem of how to protect religious minorities, the freedom of religion as a negative freedom, the freedom of religion and freedom of conscience, and the freedom to change religious faith. Claims regarding identity (also with a religious background) and their tolerability are also discussed. Ando makes reference to the different values of constitutionalism under Christianity and Islam, and to freedom of religion and the Afghanistan lesson. The author ends the article with a discussion of the possible evolution of Islam towards a more "open" model of society.