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The Utility of a Written Constitution: Free Exercise of Religion in Israel and the United States

The Utility of a Written Constitution: Free Exercise of Religion in Israel and the United States by Martin Edelman Martin Edelman is a Professor (and chair) of the Political Science Department at the Rockefeller College of Public Affairs and Policy of the University at Albany. He is the author of Democratic Theories and tbe Constitution and of many articles dealing with American constitutional law and Israel's court systems. In 1987, while at Peking University, Professor Edelman taught the first course on Israeli politics in the People's Republic of China. He has also been a visiting professor at the University of liverpool and Tel Aviv University. Professor Edelman is currently the President/Convenor of the Research Committee on Comparative Judicial Studies of the International Political Science Association. Public policy is all too frequently debated and resolved in the total absence of empirical evidence. Judicial policy-making is rarely an exception to this social science truism. Even "analyses" of such vital matters as human rights proceed on the basis of unexamined ideological premises. Take, for example, to protect the rights of minority religious sects against the hostility and/or indifference of the majority. In the United States it is universally assumed, by judges and commentators alike, that the First Amendment's Free Exercise Clause provides that essential protection. Yet historically http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Shofar: An Interdisciplinary Journal of Jewish Studies Purdue University Press

The Utility of a Written Constitution: Free Exercise of Religion in Israel and the United States

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Publisher
Purdue University Press
Copyright
Copyright © Purdue University.
ISSN
1534-5165
Publisher site
See Article on Publisher Site

Abstract

by Martin Edelman Martin Edelman is a Professor (and chair) of the Political Science Department at the Rockefeller College of Public Affairs and Policy of the University at Albany. He is the author of Democratic Theories and tbe Constitution and of many articles dealing with American constitutional law and Israel's court systems. In 1987, while at Peking University, Professor Edelman taught the first course on Israeli politics in the People's Republic of China. He has also been a visiting professor at the University of liverpool and Tel Aviv University. Professor Edelman is currently the President/Convenor of the Research Committee on Comparative Judicial Studies of the International Political Science Association. Public policy is all too frequently debated and resolved in the total absence of empirical evidence. Judicial policy-making is rarely an exception to this social science truism. Even "analyses" of such vital matters as human rights proceed on the basis of unexamined ideological premises. Take, for example, to protect the rights of minority religious sects against the hostility and/or indifference of the majority. In the United States it is universally assumed, by judges and commentators alike, that the First Amendment's Free Exercise Clause provides that essential protection. Yet historically

Journal

Shofar: An Interdisciplinary Journal of Jewish StudiesPurdue University Press

Published: Oct 3, 1993

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