Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

A synthetic approach to the contemporary debates on secularism and religion
An overview of the constitutional legal issues related to religion, culture, and secularism
Original comparative approach (contrasting examples from Asia and Europe) that facilitates a better understanding of the secular-religious dynamics
A comprehensive overview of the most important theories of the modern state
Demonstrates how a better understanding of the cultural context can help policy makers understand how the secular and religious dimensions can be reconciled
Comparative approach that avoids the classical oppositions Islam-West, East-West but looks rather at how different models reconcile religion and secularism (also underlining the faults in each model)

Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

Description

This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy.

Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights.

Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition).

Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.

Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

Introduction: The Secular State and Its Legitimacy
The Secular State between Procedural and Substantive Legitimacy
1:The 'Legitimacy Gap' in the Secular State
2:Constitution and Legitimacy: Procedural or Substantive?
Models of Reconciliation between Constitutional Law and Culture
3:Locating Culture in the Secular State: Constitutional Law, Secularization, and the Status of Culture
4:The Secular Nation: France or the Limits of the 'Neutral Model'
5:'Reformist' Secularism: Reconciling Pluralism, Equality and Unity in India
6:Malaysia: 'Asymmetric' Secularism
Conclusion: Between 'De-Secularization' and 'Nationalization'

Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

Author Information

Vincent Depaigne, Policy Officer, Fundamental Rights Unit, European Commission

Dr Vincent Depaigne is a policy officer in the Fundamental Rights Unit, Directorate General for Justice, at the European Commission, dealing in particular with the dialogue between the European Commission and religious and non-confessional organizations. Dr Depaigne received his PhD in Law from the School of Oriental and African Studies, London, and a MSt in international human rights law from Oxford University.

Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

Reviews and Awards

"Depaigne's book is based on extensive and wide-ranging scholarship and is ambitious and adventurous in scope. ... Readers of this book should expect to be provoked as well as stimulated." - Peter Jones, Ecclesiastical Law Journal

Legitimacy Gap

Secularism, Religion, and Culture in Comparative Constitutional Law

Vincent Depaigne

From Our Blog

Why we still believe in the state

How do we explain the resilience of the modern state? State power, whether expressed by politicians, parliamentarians, policemen, or judges, seems to be routinely questioned. Yet, the state as an institution remains. The constitutional state is today the universal expression of power despite its constant questioning and its lack of ability to maintain a minimal order in large parts of the world.

Posted on September 24, 2017

Read the blog post