Author Affiliation: University of Otago, New Zealand.
摘要
This article examines the history and effects of Buddhist constitutionalism in Sri Lanka, by which is meant the inclusion of special protections and status for Buddhism in the island's 1972 and 1978 constitutions, alongside guarantees of general religious rights and other features of liberal constitutionalism. By analysing Sri Lankan constitutional disputes that have occurred since the 1970s, this article demonstrates how the 'Buddhism Chapter' of Sri Lanka's constitution has given citizens potent opportunities and incentives for transforming specific disagreements and political concerns into abstract contests over the nature of Buddhism and the state's obligations to protect it. Through this process, a culture of Buddhist legal activism and Buddhist-interest litigation has taken shape. This article also augments important theories about the work of 'theocratic' or religiously preferential constitutions and argues for an alternative, litigant-focused method of investigating them.
目次
Abstract 1966 Introduction 1966 Buddhist constitutionalism and the work of constitutional law 1968 Buddhist constitutionalism in Sri Lanka 1972 Sri Lankan history and Sri Lankan law 1975 Secularizing separatism, territorializing Buddhism 1976 Shifting state ideologies 1978 Idioms of Buddhist-interest litigation in Sri Lanka 1980 Idioms of litigation 1980 Idiom one: protecting Buddhist autonomy from the state 1981 Idiom two: protecting Buddhist orthodoxy 1986 Idiom three: protecting Buddhist places 1990 Idiom four : protecting Buddhism from profanation 1998 Expanding and consolidating conclusions 2003
