By Aslı Ü. Bâli, Hanna Lerner

What function do and will constitutions play in mitigating excessive disagreements over the non secular personality of a kingdom? and how much constitutional options may possibly reconcile democracy with the kind of non secular calls for raised in modern democratising or democratic states? Tensions over religion-state family members are gaining expanding salience in structure writing and rewriting worldwide. This e-book explores the problem of crafting a democratic structure less than stipulations of deep war of words over a state's non secular or secular id. It attracts on a vast variety of appropriate case stories of previous and present constitutional debates in Europe, Asia, Africa and the center East, and provides helpful classes for societies quickly to embark on structure drafting or modification procedures the place faith is an argument of competition.

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The royal veto was finally overcome in 1842; however, when the Storting passed the repeal bill for the third time (after which, having overcome the royal suspensive veto it would automatically have become law), the king at last relented and consented to sign the bill into law (Skullerud 1971). The reluctance of the majority of the clergy to lose the Conventicle Ordinance guarantee of their monopoly of religious functions was demonstrated during this extended episode when the government took soundings; while the majority of the new local government boards (set up in 1837) were for repeal the majority of priests and bishops were found to be against.

Son of the owner of the Eidsvoll estate and a proud upholder of the liberal credentials of the bulk of the constitution that had been crafted there, he had argued that, with its ban on the entry of Jews, Norway was still effectively “a Protestant Spain in intolerance,” Spain being the only other European country which still barred entry to the Jews. He jibed that this mark of religious intolerance, which continued to be rooted in the constitution’s “dark side,” meant that it “did not deserve to be called the most liberal as long as in that respect it was the most intolerant” (Abrahamsen 1968: 68).

Thus, only the Evangelical-Lutheran religion was legally tolerated, and the 14th article of the Augsburg confession (which remained the church’s definitive statement of faith) specifically 8 Aarflot records that there had been four leading Haugians present at the Eidsvoll assembly (1980: 26). Elsewhere he also points out that three of the most prominent priests were “emphatic (utpregete) rationalists,” reflecting thereby that two of the wings of Norway’s long-drawn-out “church struggles” (kirkekamp) were already represented incipiently at Eidsvoll (Aarflot 1967: 288).

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