Religion, Constitutional Courts, and Democracy in Former Communist Countries

This article offers two main arguments, both of which have important corollaries. First, the author argues that religion, and a specific form of religion, played a major role in the downfall of communism and the Soviet Union. Acorollary is that religious motivations furnished important impetus to the development of democracy in former communist countries (FCC). Second, the author argues that courts, and more specifically constitutional courts in FCC, played a major role in promoting democracy in those nations. A corollary to that assertion is that constitution courts in most FCC have demonstrated considerable respect for and promotion of the role of religion in FCC. These assertions and their corollaries are discussed in light of scholarly studies on the place of religion in the modern constitutionalism movement in former colonial and communist countries.