Abstract

AbstractThis Article focuses on the extent to which the different legal approaches of Germany and Singapore to religious diversity were shaped by history. It first analyzes the development in Germany and describes four phases of the development of the law on the relationship between church and state. Starting with the consequences of reformation, it shows that—for centuries—the relationship between denominations had been the crucial matter of this body of law. Only later, the law dealt with conflicts between religion and atheism. This Article then presents the fundamental rights approach of the Basic Law and examines it against the backdrop of the historical development and recent challenges. Second, this Article offers a historical account of Singapore’s attempts at regulating and managing religious diversity. It starts with the establishment of a British trading post on the island in 1819 and runs up to the present day. As a result of mass migration in its early years, Singapore was to become, in the twentieth century, one of the most religiously and culturally diverse nations in the world. This Article shows that Singapore has sought to regulate and manage the various religious groups through a combination of legislation and state policy.

Highlights

  • This Article focuses on the extent to which the different legal approaches of Germany and Singapore to religious diversity were shaped by history

  • While Singapore has been religiously diverse since it became a British colony in 1824, Germany has for centuries only experienced religious diversity within Christianity

  • Liberal states like Germany typically adopt a position of religious tolerance and neutrality

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Summary

First Phase

Denominational Diversity The first phase of modern German law governing the relationship between church and state[6] can be said to have begun in 1517 when Martin Luther put forward his Ninety-Five Theses and started the Reformation.[7] Up to this time, Catholicism was the only established religion in the German states, and throughout the Holy Roman Empire (the Heiliges Römisches Reich or “the Reich”). According to estimates of this paper, between 4.4 and 4.7 million Muslims lived in Germany on December 31, 2015 His religion”11—under which the sovereign could determine his subjects’ religion.[12] There was no diversity within the territories. Neutrality meant the maintenance of parity between the two confessions

Second Phase
Third Phase
Fourth Phase
Religious Diversity in Germany
Regulating “Native” Personal Law
Constitutionalizing Religious Freedom
The Maintenance of the Religious Harmony Act-A Prophylactic Approach
Findings
Conclusion

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