Constitutional Intolerance: The Fashioning of the Other in Europe's Constitutional Repertoires

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Mariëtta D. C. van der Tol (University of Oxford)

Constitutional Intolerance

The Fashioning of the Other in Europe's Constitutional Repertoires

Mariëtta D. C. van der Tol (University of Oxford)

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English

Cambridge University Press
23 January 2025

Public international law; Laws of Specific jurisdictions; Constitutional & administrative law

Series: Comparative Constitutional Law and Policy

Constitutional Intolerance offers a deeper reflection on intolerance in politics and society today, explaining why minorities face the contestation of their public visibility, and how the law could protect them. Van der Tol refers to historical practices of toleration, distilling from it the category of 'the other' to the political community, whose presence, representation, and visibility is not self-evident and is often subject to regulation. The book considers 'the other' in the context of modern constitutions, with reference to (ethno)religious, ethnic, and sexual groups. Theoretical chapters engage questions about the time and temporality of otherness, and their ambivalent relationship with (public) space. It offers examples from across the liberal-illiberal divide: France, the Netherlands, Hungary, and Poland. It highlights that vulnerability towards intolerance is inscribed in the structures of the law, and is not merely inherent to either liberalism or illiberalism, as is often inferred.

By: Mariëtta D. C. van der Tol (University of Oxford)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009473958
ISBN 10: 1009473956
Series: Comparative Constitutional Law and Policy
Pages: 192
Publication Date: 23 January 2025
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

1. What is constitutional intolerance?; 2. Governing religious difference: toleration as legal practice; 3. Toleration, time and the other; 4. National identity, publicness, and public space; 5. Dynamic interpretation of constitutional concepts: laïcité in France; 6. Ad-libitum use of constitutional concepts: public order in the Netherlands; 7. Constitutional identity as a political instrument: new fundamental law in Hungary; 8. Pseudo-constitutional repertoires: the 'LGBT-free zones' in Poland; 9. Conclusion: constitutional intolerance in context; Bibliography.

Marietta van der Tol specialises in the comparative study of religion in constitutional law, politics and society. She obtained graduate degrees in law, history (Utrecht University) and religion (Yale University), before completing her doctorate in Politics at the University of Cambridge. She leads the Protestant Political Thought-network, critiquing Christian support for far-right politics.