Models of Religious Freedom

The Swiss, US American, and Syrian models are illustrated in this thesis by way of three representations.

The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the Swiss and US American judiciary methodologically come to the conclusion that an alleged governmental interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline for religious-freedom rules, and secondly, to evaluate how much religious freedom is internalized in the Swiss, American, and Syrian legal systems. The overall objective of this thesis is to show that religious freedom is shaped by intentions, power relations, and desires of the lawmakers according to their specific understanding of justice.

Marcel Stüssi is a lecturer in human rights law at the University of Lucerne - Switzerland. For this thesis he has conducted legal research in Damascus, Berkeley, and Lucerne. Contact: marcelstuessi@yahoo.com