Book contents
- Constitutional Intolerance
- Comparative Constitutional Law and Policy
- Constitutional Intolerance
- Copyright page
- Dedication
- Contents
- Acknowledgements
- 1 What Is Constitutional Intolerance?
- 2 Governing Religious Difference
- 3 Toleration, Time, and the Other
- 4 National Identity, Publicness, and Public Space
- 5 Dynamic Interpretation of Constitutional Concepts
- 6 Ad libitum Use of Constitutional Concepts
- 7 Constitutional Identity as a Political Instrument
- 8 Pseudo-constitutional Repertoires
- 9 Conclusion
- Bibliography
- Index
2 - Governing Religious Difference
Toleration as Legal Practice
Published online by Cambridge University Press: 09 January 2025
- Constitutional Intolerance
- Comparative Constitutional Law and Policy
- Constitutional Intolerance
- Copyright page
- Dedication
- Contents
- Acknowledgements
- 1 What Is Constitutional Intolerance?
- 2 Governing Religious Difference
- 3 Toleration, Time, and the Other
- 4 National Identity, Publicness, and Public Space
- 5 Dynamic Interpretation of Constitutional Concepts
- 6 Ad libitum Use of Constitutional Concepts
- 7 Constitutional Identity as a Political Instrument
- 8 Pseudo-constitutional Repertoires
- 9 Conclusion
- Bibliography
- Index
Summary
This chapter offers an analysis of toleration as legal practice and administrative discretion, which finds its origins in canon law. This chapter articulates common frames of reference to toleration: a qualification of evil, the preservation of outward unity and social trust, economic benefit, and the duty to protect public peace and order – all interests that could inform a particular decision on whether to tolerate certain practices. Toleration entailed a spectrum of practices of coexistence, which may be characterised as incorporation through marginalisation. This marginalisation commonly had a spatial aspect. The visibility of minority religiosity tended to be constrained through practices of segregation or specific rules about the expression of identity in public. Moreover, toleration was intended to be temporary, and often appeared to be tentative, and legally fragile.
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- Constitutional IntoleranceThe Fashioning of the Other in Europe's Constitutional Repertoires, pp. 17 - 34Publisher: Cambridge University PressPrint publication year: 2025