‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case
The Supreme Court of the United States of America has recently issued a decision in several cases that are closely related to First Amendment rights. In doing so, the Court has changed its own set of criteria from its earlier practice. The reasons for these decisions have attracted increased interes...
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| Format: | Article |
| Language: | English |
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Ludovika University Press
2023-06-01
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| Series: | Public Governance, Administration and Finances Law Review |
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| Online Access: | https://folyoirat.ludovika.hu/index.php/pgaf/article/view/6884/5415 |
| _version_ | 1827902649078382592 |
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| author | Helga Kovács |
| author_facet | Helga Kovács |
| author_sort | Helga Kovács |
| collection | DOAJ |
| description | The Supreme Court of the United States of America has recently issued a decision in several cases that are closely related to First Amendment rights. In doing so, the Court has changed its own set of criteria from its earlier practice. The reasons for these decisions have attracted increased interest among practitioners and academics, as it is a long time since the Court has so clearly distanced itself from its own precedent and called lower courts to account for failing to take certain criteria into account. By analysing the Court’s reasoning on the role of history and tradition and the compelling nature of religious belief, this paper seeks to answer the question whether the change in the Supreme Court’s practice can indeed be considered truly substantial. I argue that the change is significant, but as a process is not without precedent, and is not necessarily unacceptable in terms of its consequences. |
| first_indexed | 2024-03-13T00:02:14Z |
| format | Article |
| id | doaj.art-ba8cfc6c2f964645aa7881797e43bd67 |
| institution | Directory Open Access Journal |
| issn | 2498-6275 2786-0736 |
| language | English |
| last_indexed | 2024-03-13T00:02:14Z |
| publishDate | 2023-06-01 |
| publisher | Ludovika University Press |
| record_format | Article |
| series | Public Governance, Administration and Finances Law Review |
| spelling | doaj.art-ba8cfc6c2f964645aa7881797e43bd672023-07-13T09:01:23ZengLudovika University PressPublic Governance, Administration and Finances Law Review2498-62752786-07362023-06-0181234110.53116/pgaflr.6884‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District CaseHelga Kovács0https://orcid.org/0009-0002-1932-530XPázmány Péter Catholic UniversityThe Supreme Court of the United States of America has recently issued a decision in several cases that are closely related to First Amendment rights. In doing so, the Court has changed its own set of criteria from its earlier practice. The reasons for these decisions have attracted increased interest among practitioners and academics, as it is a long time since the Court has so clearly distanced itself from its own precedent and called lower courts to account for failing to take certain criteria into account. By analysing the Court’s reasoning on the role of history and tradition and the compelling nature of religious belief, this paper seeks to answer the question whether the change in the Supreme Court’s practice can indeed be considered truly substantial. I argue that the change is significant, but as a process is not without precedent, and is not necessarily unacceptable in terms of its consequences.https://folyoirat.ludovika.hu/index.php/pgaf/article/view/6884/5415religious freedomreligious neutrality of the statefirst amendmentu .s . supreme courtendorsement testeasonable observerprayer in school |
| spellingShingle | Helga Kovács ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case Public Governance, Administration and Finances Law Review religious freedom religious neutrality of the state first amendment u .s . supreme court endorsement test easonable observer prayer in school |
| title | ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case |
| title_full | ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case |
| title_fullStr | ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case |
| title_full_unstemmed | ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case |
| title_short | ‘Hamlet Without the Prince’ – The U.S. Supreme Court on Religious Practice : Changes in Case Law in the Light of the Kennedy v. Bremerton School District Case |
| title_sort | hamlet without the prince the u s supreme court on religious practice changes in case law in the light of the kennedy v bremerton school district case |
| topic | religious freedom religious neutrality of the state first amendment u .s . supreme court endorsement test easonable observer prayer in school |
| url | https://folyoirat.ludovika.hu/index.php/pgaf/article/view/6884/5415 |
| work_keys_str_mv | AT helgakovacs hamletwithouttheprincetheussupremecourtonreligiouspracticechangesincaselawinthelightofthekennedyvbremertonschooldistrictcase |