Ginevra Cerrina Feroni

Devolution and Fundamental Rights: The Case of Freedom of Religion. Constitutional Experience in Germany

  • Abstract

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Keywords:

One of the profiles as yet little explored in the boundless literature that has dealt with devolution processes regards the relation of the same with fundamental rights and freedoms. The question posed here is as follows: Do or do not the devolution processes underway in many European States, in addition to producing a transfer of powers on the organisational plane, produce effects on the plane of fundamental rights and freedoms? And if so, how much, i.e. to what extent do they contribute to defining or redefining the content of fundamental rights and freedoms? It has been deemed appropriate to take into consideration a specific case study, namely religious freedom. The topic involved is one that today constitutionalists must begin to reflect on with great attention. The multi-religious transformations of Western societies, including because of the migratory flows of recent decades, in fact impose a need for self-reflection no longer to be avoided, including on how to regulate the religious phenomenon in contemporary societies.

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