Social change
The second pillar, "Social change," includes the following topics:
Since September 11, 2001 - the day of the Islamist terrorist attacks in the U.S. - the religious field has been the focus of sometimes heated political and legal discourse. The debate about the relevance of religion in society, which up to that point had been conducted in a rather restrained manner, primarily because of the enlightened view of the world that was widespread in the countries of the West, has regained a great deal of importance since that event. Under the title "Return of the Gods" (Wilhelm Graf) or "Clash of Civilizations" (Samuel Huntington), among others, the question of under what conditions religious phenomena can coexist in pluralistic societies without conflict and, in particular, without violence, has since been up for discussion. The question is posed differently, depending on whether the problem is viewed from a global perspective or whether one focuses on national or local aspects.
From a global perspective, the focus is usually on the question of whether and how states succeed in emancipating themselves from religious ties. In the Islamic world in particular, there is a struggle to position the state and raise its profile in the face of existing close ties with religious forces and their claims to power. The political systems of these states, such as those in North Africa, are in a state of transition, in which a process away from traditional, previously religiously legitimized authoritarian structures toward democratic, constitutional forms of government is emerging.
In the national and local context, the state and its law are confronted with two opposing trends. On the one hand, religious phenomena originating in foreign cultural circles and newly established in the national and local context as a result of migration are increasingly being perceived. On the other hand, the indigenous population is increasingly distancing itself from its traditional religious and denominational ties. Today, almost half of the local population of Basel-Stadt describes itself as non-denominational. Obviously, our society is also in a state of transition, which raises questions with regard to the future design of religious constitutional law.
Possible fields of research
1. in a global and European context:
- Comparative law study of religious transition processes in an international context.
- Comparison of past religious transition processes in Switzerland and other European countries with analogous current developments in non-European countries.
- Protection of religious minorities in international law and in a comparative law perspective
- International law and religious freedom in the face of increasing religiously motivated violence
- Comparative basic analysis of state law with religious normative systems
2. in the national and local context:
- Equal treatment of new religious communities in Switzerland with traditional churches and faith communities, namely public-legal or public recognition of new religious communities
- Religious neutrality of the state in relation to religious phenomena in the public sphere
- Relevance of religious freedom in a changing social environment with increasing lack of religion and denominations
- New definition of the relationship between churches and the state in cantonal religious constitutional law
- Change in the concept of religion used in the legal context
- Relationship between freedom of religion and freedom of belief
- Law and Civil Religion: Religious Freedom in the Face of Secular Narratives
Strategic Relevance for the University of Basel Classification in the Thematic Research Priorities The research fields mentioned can be classified thematically in the research priorities of the University of Basel, which are oriented towards Europe as well as globally. Furthermore, they concern life science and sustainability research, especially as the conditions for a sustainable non-violent coexistence of religious manifestations are to be investigated. Finally, they deal with the diverse narratives that legitimize religious, but also state norm structures. Insofar as religious symbols are addressed, this also affects image studies.
Connectivity to existing research activities and cooperations It is possible to connect to existing research activities, in particular to cooperation in an interdisciplinary and inter-university context. There are already close cooperations with religious studies at the University of Basel within the framework of the Research Center Law and Religion / FSRR with Prof. Dr. phil. Jürgen Mohn as well as with the theological faculties of Basel and Lucerne with Prof. Dr. theol. Albrecht Grözinger and Prof. Dr. theol. Adrian Loretan.
Public services (especially postal services, telecommunications, energy supply, passenger and freight transport, and hospitals) have been undergoing significant change for some years now - under the influence of international developments, changes in the understanding of the state, and as a result of technical innovations. The relationship between the state and the market is being redefined: Formerly monopolized markets are being opened up to private players, and the state finds itself in various (sometimes conflictual) roles: it is regulator, supervisor, guarantor, carrier of public enterprises and sometimes also promoter of new technologies. In the economic sectors with network structures, a regulatory administrative law is emerging whose task is, on the one hand, to ensure competition between market players (e.g., regulation of network access) and, on the other hand, to ensure the provision of basic services of good quality and at reasonable prices ("service public"). There will also be changes in the organization of the authorities. For example, regulatory and supervisory tasks are being transferred to regulatory authorities that are independent of the government and market players.
The task of jurisprudential research is to trace the commonalities and sector-specific characteristics of this public service law. Another question is under what conditions and how intensively the state should and may intervene in these markets, which are now organized on a competitive basis. From the citizens' point of view, the question of how the provision of basic services is ensured and whether there is a constitutional right to such services is of interest. Furthermore, questions arise regarding the organization, supervision, tasks and procedures of the regulatory administration. Another question to be answered is whether the new regulatory concept can deliver on its promise of safeguarding the common good through competition, or whether there is a need for legislative adjustments. Since comparable developments are taking place in other countries, especially in the member states of the European Union, specific research questions can also be dealt with on a comparative law basis.
In the area of energy supply, further research fields in public commercial law are emerging due to the "energy turnaround", which is being planned not only in Switzerland but also in other industrialized countries: The state is taking on an active role, renewable energies are being promoted by the state, the development of new energy sources (e.g. geothermal energy) calls for legal management, and the premature decommissioning of nuclear power plants is also under discussion, which is associated with difficult questions of liability law.
Possible fields of research
- The law of public services in historical and comparative perspective
- Public services in international business law and influences on national law
- Cross-border provision of public services
- Constitutional responsibility of the state in the field of public services
- Regulatory administrative law
- Concept of the guarantee state
- Creation of competition as an administrative task
- Ensuring, organizing and financing basic services (instruments, fundamental rights aspects)
- Consumer protection
- Economic freedom in partially liberalized service markets
- The problem of the state's multiple roles in partially liberalized service markets
- State responsibility for privatized infrastructure companies (problem of "too big to fail" and "moral hazard")
- State regulation and supervision in "dynamic" service markets
- Independent regulatory authorities (political supervision, organization, lawmaking, procedural liability, etc.)
- Room for maneuver for public companies
- "Energy transition" and related legal issues
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