Gwénaële Calvès

Freedom of Conscience and Religion in the Case Law of the Conseil Constitutionnel and the Conseil d’État

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Abstract

This article analyzes the freedoms of conscience and religion in French public law. It emphasizes the role of judges in determining the sources and content of these two freedoms. It highlights the fact that the exercise of freedom of religion, traditionally limited by the need to respect the freedom of conscience of others, has, over the last twenty years, come up against new limits dictated by the fear of Islam.

Keywords

  • Islam
  • Laïcité
  • Freedom of conscience
  • Freedom of religion
  • Police powers over religious matters
  • Public order

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