The intrinsic uneasy triangle between constitutionalism, secularism and the right to freedom of religion - a South African perspective

Abstract

The relationship between the concepts of constitutionalism, secularism and an individual's fundamental right to freedom of religion has been strenuous over many centuries. Continuous power struggles between state institutions and religious bodies have been extensively documented in various legal, political and philosophical books and journals. Although the world has developed significantly from some decades ago, the interaction between the three concepts still creates many political and legal disputes and this often accounts for an uneasy or unstable triangle, in domestic legal systems, global political relations and international law alike.