Suchergebnisse

We are grateful that the editors secured three thoughtful though critical responses to our essay. Such responses perform a service by calling to our attention matters we have insufficiently considered, pushing us to greater clarity, and perhaps revealing to us errors that we have overlooked.

The question implies that the First Amendment's "separation of church and state," as interpreted by the Supreme Court, is an insufficient solution to the old conflict between American democracy and Catholicism. Catholicism has become unsafe in contemporary American democracy in ways that the original constitutional arrangement, of which the First Amendment was only a part, does not help. The contemporary danger is rooted partly in the old conflict between classical liberalism and revealed religion as such. But the more proximate danger is the secular "civil liberties" regime that has been instituted by the Supreme Court since 1940. That regime permits Catholics to follow their religion in public affairs only insofar as it is in agreement with the secularism which the "civil liberties" regime both instituted and understands liberal democracy to require.

Courts crossing borders / John F. Stack, Jr. and Mary L. Volcansek -- Judicialization and sovereignty / Mary L. Volcansek and John F. Stack, Jr -- Courts and regional trade agreements / Mary L. Volcansek -- Sovereignty in Europe : the European Court of Justice and the creation of a European political community / Miguel Poiares Maduro -- Natural, economic, and political borders : trade and environmental -- Protection before the European Court of Justice / Joseph Jupille -- How rights evolve : the case of non-discrimination in the European Court of Human Rights / Doris Marie Provine -- Constructing human rights in the Americas : institutional development and practice in the new world / John F. Stack, Jr. -- Dispute resolution under NAFTA and the emergence of Transnational quasi-courts / David M. O'Brien -- Sovereignty, transnational constraints, and universal criminal jurisdiction / Donald W. Jackson -- Bringing her out of the shadows : an empirical analysis of sentences.