The second conference of the International Consortium for Law and Religion Studies (ICLARS) was held from 8 to 10 September 2011. ICLARS is the only international network of academics and experts in the field of law, drawn from the most prestigious universities in the world. Its website (www.iclars.org) includes a wide range of sources and it produces a regular newsletter. Its inaugural conference took place at the University of Milan in January 2009,Footnote 1 and this second conference was organised by the Centre for Religious Freedom, which is associated with the Faculty of Law at the Catholic University of Chile.
The main theme of the conference was ‘Religion and constitution’. Professor Cole Durham, who succeeded Professor Silvio Ferrari as President of ICLARS, delivered the keynote address. While focusing on religion and the different constitutions in the world, Professor Durham referred to the autonomy of religious bodies. Such autonomy, which should be understood as the entitlement of religious bodies to make their own decisions and administer themselves without interference from the state, is expressed in different ways and at different levels depending on the relationship between religion and the state. He considered employment law, reminding the audience of a significant case pending before the Supreme Court of the United States, in which Cheryl Perich, a teacher in a religious school, challenged her dismissal on the grounds of unlawful discrimination. The school had argued that Ms Perich was disrespectful of her superiors and that her behaviour was inappropriate. After describing the mechanisms by which the autonomy of religious bodies can be infringed, Professor Durham emphasised that there can be exceptions in order to protect other rights and the interests of the state.
The conference was to return to the subject of autonomy throughout its subsequent proceedings. Nearly all constitutions recognise religious freedom but all speakers noted that the discipline of law and religion extends beyond explicit mention in written constitutions. Religion is not only a private matter but also has a clear public dimension. Constitutions are the product of historical development and tradition, and serve a cohesive community. They are a crucial reality, not merely in response to the needs of society but as a touchstone for its values and future development.
How is religion dealt with by different constitutions? What happens in those states without a written constitution, such as Israel and the United Kingdom? How do the political and religious authorities elements relate to one other in various constitutions? And what are the real meaning and importance of the principles of secularism and neutrality? Speakers gave responses to these questions and focused on many other topics, such as the explicit mention of God in constitutions; the relationship between the state, churches and component communities; the religious, ethnic and cultural status of minorities; religion and the equality principle in Latin American constitutions, as well as in China and Nepal; sharia in constitutional provisions; religion and basic laws in Israel; conflicts between religious freedom and other constitutional guarantees such as the right to life, freedom of expression and freedom of education.
Speakers came from four continents: from the Americas, the universities of Boston, Brigham Young, Emory, Harvard and Valparaiso (all in the USA), Windsor (Canada), Católica del Norte (Antofagasta branch), Montevideo (Uruguay), Pontificia Universidad Católica de Argentina, Chile, Peru and Brasil; from Africa, the American University in Cairo (Egypt), the universities of Ghana, Rhodes and Stellensbosch (both in South Africa); from Asia, the Interdisciplinary Centre (IDC) and the University of Tel Aviv (both in Israel) and Tribhuwan University (Nepal); and from Europe, the universities of Bristol (UK), Complutense de Madrid (Spain), degli Studi di Milano and degli Studi di Roma Tor Vergata (both in Italy), Helsinki (Finland), Paul Cézanne (France), Tilburg (Holland), Trier (Germany) and Uppsala (Sweden).
For the first time, young researchers (up to 35 year olds) were given the opportunity to present their research in the field of law and religion. In addition, Professor Mark Hill QC chaired a lively plenary session that brought together, probably for the first time, the editors of the main law and religion journals in Spanish, English, French and Italian, including the Ecclesiastical Law Journal, Law and Public Policy, Annuaire Droit et Religion, the Oxford Journal of Law and Religion, the Journal of Law and Religion, Quaderno di Diritto e Politica Ecclesiastica, Derecho y Religión, Anuario de Derecho Eclesiástico del Estado, the BYU Law Review and Religion and Human Rights. It was agreed that ICLARS has a useful role to perform in encouraging co-operation and mutual exchange between the growing number of periodicals in this exciting discipline. A third ICLARS conference is to take place in two years time at a location to be determined by the newly elected committee.