
doi: 10.2139/ssrn.2623772
The primary concern underlying both the Establishment Clause and the Free Exercise Clause is autonomy — of the state, of churches, and of individuals. Two conceptions of autonomy have vied for preeminence in the United States, one based upon the ideal of complete independence of church and state, having separation as its goal, and the other based upon the ideal of inter-independence, which tries to ascertain the proper manner in which the state can accommodate religion. The European Court of Human Rights has for the most part based its religious-freedom jurisprudence upon a different conception of autonomy, one that rests upon interdependence of church and state. Autonomy provides a better framework than existing doctrinal approaches for the resolution of difficult and controversial issues.
Religion, Religion Law, Law, Law and Politics
Religion, Religion Law, Law, Law and Politics
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 1 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Top 10% | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
