Religion, Constitutional Courts, and Democracy in Former Communist Countries

• Author: James T. Richardson
• DOI: 10.1177/0002716205281634
• Published date: 01 January 2006
• Date: 01 January 2006
• Subject Matter: Articles

10.1177/0002716205281634THE ANNALS OF THE AMERICAN ACADEMYRELIGION, CONSTITUTIONAL COURTS, AND DEMOCRACY January603

This article offers two main arguments, both of which

have important corollaries. First, the author argues that

religion, and a specific form of religion, played a major

role in the downfall of communism and the Soviet

Union. A corollary is that religious motivations furnished

important impetus to the development of democracy in

former communist countries (FCC). Second, the author

argues that courts, and more specifically constitutional

courts in FCC, played a major role in promoting democ-

racy in those nations. A corollary to that assertion is that

constitution courts in most FCC have demonstrated

considerable respect for and promotion of the role of

religion in FCC. These assertions and their corollaries

are discussed in light of scholarly studies on the place of

religion in the modern constitutionalism movement in

former colonial and communist countries.

Keywords: religion; constitutional courts; democracy;

former communist countries; Hungary;

Russia; Catholic Church

This article makes two key arguments and

attempts to combine them in a way that

demonstrates the importance of religious moti-

vations to the development of democracies in

former communist countries (FCC). One argu-

ment concerns the role played by religion in

ANNALS, AAPSS, 603, January 2006 129

James T. Richardson, J.D., Ph.D., professor of sociology

and judicial studies at the University of Nevada, Reno, is

director of the Grant Sawyer Center for Justice Studies

and the Judicial Studies graduate degree program for

trial judges at the University. He has been a Fulbright

fellow and a foundation professor at the University of

Nevada, Reno, and served as president of the American

Association of University Professors from 1998 to 2000.

He has published more than two hundred articles and

chapters, mainly on various aspects of new religions and

the law/religion relationship. His latest book is Regulat-

ing Religion: Case Studies from around the Globe

(Kluwer, 2004). In fall 2004, he was invited to present a

paper at the first-ever conference on law and religion to

be held in the People’s Republic of China, sponsored by

the Chinese Academy of Social Sciences.

NOTE: Presented at the Syracuse conference “On Law

and Democratic Development,” in honor of Richard D.

Schwartz, retiring professor,Syracuse University of Law,

Syracuse, New York, April 15-18, 2005.

DOI: 10.1177/0002716205281634

Religion,

Constitutional

Courts, and

Democracy in

Former

Communist

Countries

By

JAMES T. RICHARDSON