1. Introduction
I. Goals of the Book
A. The Method of Avoidance
B. The Principle of Inclusion
C. The Principle of Revision
D. The Analogous-to-Secular View
E. The Accommodationist View
II. Summary of My Main Argument
A. Implications for Law
B. Implications of My Argument for Theories of Democracy and Legal
Pluralism
C. A Contextual and Comparative Approach
III. Structure of the Argument
IV. Conclusion
PART I
THE BROKEN VIVRE ENSEMBLE – OBSERVATIONS AND SOLUTIONS
2. Contextual Analyses: Laïcité and the Democratic Vivre
Ensemble
I. The Historical Layers of Laïcité: From Hostility to Tolerance
Towards Religion
A. Laïcité: A Militant Form of Secularism?
B. Laïcité: From Militant to Separatist and Liberal Secularism
C. Conclusion to Section I
II. Laïcité, Common Values and Islam
A. Recent Extensions of Laïcité
B. Gilles Kepel’s Laïcité
C. Communautarian versus Inclusive Laïcité
D. Conclusion to Section II
III. Conclusion to Chapter 2
3. Contextual Analyses: The English Experience of Vivre
Ensemble
I. Church Establishment: An Inclusive Type of Secularism?
A. The Possibility of Church Establishment
B. English Establishment: An Inclusive Form of Secularism
C. Conclusion to Section I
II. British Values, Religious Autonomy and Liberalism
A. Religious Minorities in England
B. The Decline of Religious Autonomy in English Law
C. Conclusion to Section II
III. Conclusion to Chapter 3
4. Conceptual Framework: The Liberal Democratic Vivre Ensemble
I. Why Religious Freedom Matters for Democracy
A. The Dilution of Religious Freedom
B. The Isolation of Religious Freedom
C. Conclusion to Section I
II. Why Pluralism Matters for Democracy and Religious Freedom
A. Self-restraint, Religious Freedom and Pluralism
B. Pluralism, Religious Freedom and Public Reason
C. Conclusion to Section II
III. Conclusion to Chapter 4
PART II
CASE STUDIES: THE MENDED VIVRE ENSEMBLE
5. Lessons from Achbita
I. Spheres Over Principles
A. The Contractual Sphere: The Non-interventionist Ordoliberal
Baseline Argument
B. The National Sphere: Alleged Deference to the Constitutional
Laïque Context
C. Conclusion to Section I
II. Consistency Over Proportionality
A. Introductory: The Eweida Case
B. Burdens of the Consistency Argument for Religious Employees’
Claims
C. Proportionality Test Reduced Mainly to Procedural
Consistency
D. Conclusion to Section II
III. Conclusion to Chapter 5
6. Beyond Achbita: Possible Ways Forward
I. Laïcite: Deference Rather than Delegation
A. Ebrahimian: An Extensive Deference to Laïcité
B. From Ebrahimian to Achbita: From Deference to Laïcité to
Delegation to National Authorities
C. Conclusion to Section I
II. Proportionality Rather than Autonomy
A. The Rejection of the Church Autonomy Argument in Egenberger
B. Guidelines from the ECtHR’s Case Law
C. Conclusion to Section II
III. Religious Freedom and Equality Rights
A. Balancing Private Interests in the Context of Legislative
Ambiguities
B. Balancing Private Interests in a US Context
C. Conclusion to Section III
IV. Conclusion to Chapter 6
V. Conclusion of Part II
7. Conclusion
I. For a Democratic Approach to Religious Freedom
A. Comparative Demonstration
B. Normative Demonstration
II. Consequences of the Democratic Approach for the Courts
A. Clues Relating to the Assessment of the Religious Claim
B. Against Delegation to Employers
C. For a Nuanced Deference to National Traditions
D. Comments on Proportionality
E. A Word on Brexit
The first comprehensive comparative analysis of the regulation of religion in France and Britain, the book offers reflections for comparative law methodology as well as for law and religion studies.
Myriam Hunter-Henin is Reader in Law and Religion and Comparative Law at University College London.
[The book] is of great importance and social and political
relevance … The book is pleasant to read, the author's style is
clear and the book is very well organized … The thoughts provoked
by the book and the theses contained therein testify to the
pleasure of reading it as well as the inability to account, at
least completely, for the richness of the analysis it contains.
*Revue critique de droit international privé (Bloomsbury
translation)*
In a context in which the fear of Islam is increasingly
compromising the legitimacy of the manifestation of religious
identities in the public space and the sphere of work, the
undertaking is as bold as it is welcome … Very clear and reasoned,
the book is pleasant to read.
*Droit & Société (Bloomsbury translation)*
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