Christianity and Constitutionalism

Christianity and Constitutionalism

Christianity and Constitutionalism offers innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II provides analyses from constitutional lawyers on the normative implications of Christianity for particular themes in constitutional law, including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law. "Scholars of the American founding have long noted the influence of Reformed Protestant Christianity on the background assumptions of the framers―both about language and the nature of republican government―but this collection of essays provides more depth and insight on that topic than ever before. I highly recommend this book for both academics and general readers interested in the connections between Christianity and the Constitution." -- Michael W. McConnell, Richard & Frances Mallery Professor, Stanford Law School; Director, Stanford Constitutional Law Center; Senior Fellow, Hoover Institution "The relationship between religious thought and constitutionalism is the focus of this book...the contribution it makes to an understanding of the important connections between religion, specifically Christianity, and constitutionalism, are worthy of attention." -- Commonwealth Lawyers' Association and Contributors "Highly recommended. Advanced undergraduates through faculty." -- Choice "This substantial volume makes a significant contribution to mapping a topic that ranges over the disciplines of history, jurisprudence and theology." -- Theology 127 "This book is a hefty, well-researched, and fascinating treasure chest of ideas spanning the scope of biblical and post-biblical history, intellectual history, political and legal theory, and theology that will challenge skeptical readers who believe that Christians and their faith should be shunted to the corner of public life. I highly recommend it." -- Jeffrey B. Hammond, Journal of Church and State "This substantial volume makes a significant contribution to mapping a topic that ranges over the disciplines of history, jurisprudence and theology." -- Stephen Spencer, Theology Nicholas Aroney is Professor of Constitutional Law at the University of Queensland and Affiliated Faculty of the Centre for Law and Religion at Emory University. He has a law degree from the University of Queensland, a PhD from Monash University and has held visiting positions at Oxford, Cambridge, Paris, Edinburgh, Sydney, Emory and Tilburg universities. He is the author of over 150 articles, book chapters and books on constitutional law, comparative federalism, law and religion, and religious freedom, including The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution (2009), Shari'a in the West (OUP, 2010) and The Constitution of the Commonwealth of Australia: History, Principle and Interpretation (2015). In 2010 he also received of a prestigious four-year Future Fellowship from the Australian Research Council to study comparative federalism. In 2017-18 he was appointed to the Australian Prime Minister's Expert Panel on Religious Freedom which submitted its report in May 2018. Ian Leigh is Emeritus Professor of Law at Durham University. He has held visiting positions at Osgoode Hall Law School and the universities of Otago, Florida, Virginia and Melbourne. He is author of around 100 articles, book chapters and books on public law and human rights including In From the Cold: National Security and Parliamentary Democracy (OUP, 1994), with Laurence Lustgarten, Law Politics and Local Democracy (OUP, 2000), Making Rights Real: the Human Rights Act in its First Decade (2008) with Roger Masterman, and Religious Freedom in the Liberal State (2nd ed, OUP, 2013), with Rex Ahdar. He is currently a British Academy Wolfson Research Professor working on a funded study 'Freedom of Conscience: Emerging Challenges and Future Prospects'. Acknowledgements Contributors Contents INTRODUCTION 1 INTRODUCTION: Christianity and Constitutionalism Nicholas Aroney and Ian Leigh Part I: The Historical Influence of Christianity 2 OLD TESTAMENT: Torah and Constitutionalism Jonathan Burnside 3 NEW TESTAMENT: "But our constitution is in heaven": New Testament sketches on the people of God between divine law and earthly rulers Dorothea H. Bertschmann 4 ANTIQUITY: Co