ABSTRACT

This chapter offers a broad normative paradigm of religious freedom, a minimum standard for protecting this liberty that is rooted in human dignity, compatible with various constitutional frameworks, and based on worldwide "opinionated disagreement. It argues that constitutional models based on laicite, mutual collaboration, and establishment of a church could all be in accordance with this normative paradigm, although not all specific laws pursuant to these models have been consistent with religious freedom. The paradigm is less amenable to the theocratic constitutional model, but it also accepts this framework under conditions that guarantee the minimum freedom of religion required to live in a political community. History, culture, public consent, and particular religions should never entirely preclude minimal protection of the liberty, which permits every human being to live "religiously free" anywhere in the world as a global citizen. The argument about transcendence refers to the essence of the right of religious freedom as such, as an independent, genuine human right.