The Secular Court?

Effie Fokas

Working Paper 2, v. 1 November 2016

In posing ‘The secular court?’ as a question, this paper questions whether the judiciary can be considered a force promoting secularism and argues that we cannot speak in terms of clear, mono-directional trends in court-promoted secularism, because of the complex nature of everyday religion in its engagement with the law, and with courts. The argument is supported with examples from the European Court of Human Rights (ECtHR) and the United States Supreme Court jurisprudence.

Download: Fokas – GRM Working Paper 2016