‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case

Kovács, Helga Mariann

Wolters Kluwer

2023

BL Religion / vallás

KF United States Federal Law

The Supreme Court of the United States of America has recently issued a decision in several cases that are closely related to First Amendment rights. In doing so, the Court has changed its own set of criteria from its earlier practice. The reasons for these decisions have attracted increased interest among practitioners and academics, as it is a long time since the Court has so clearly distanced itself from its own precedent and called lower courts to account for failing to take certain criteria into account. By analysing the Court’s reasoning on the role of history and tradition and the compelling nature of religious belief, this paper seeks to answer the question whether the change in the Supreme Court’s practice can indeed be considered truly substantial. I argue that the change is significant, but as a process is not without precedent, and is not necessarily unacceptable in terms of its consequences.

angol

Article

PeerReviewed

info:eu-repo/semantics/article

text

http://real.mtak.hu/168998/1/02_kovacs_23-41_PGAF_2023_01.pdf

Kovács, Helga Mariann (2023) ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case. PUBLIC GOVERNANCE ADMINISTRATION AND FINANCE LAW REVIEW IN THE EUROPEAN UNION AND CENTRAL EASTERN EUROPE, 8 (1). pp. 23-41. ISSN 2498-6275

http://real.mtak.hu/168998/

https://doi.org/10.53116/pgaflr.6884

MTMT:34046919 10.53116/pgaflr.6884

cc_by