Religions, Beliefs and Education in the European Court of Human Rights: Investigating Judicial Pedagogies

This book explores judicial pedagogies as a new concept, analyzing the educational claims and assumptions of judges' decisions in the European Court of Human Rights (ECtHR). It sheds light on how judges are increasingly being asked to decide upon issues of religion and belief in schooling, often clashing with strong opinions about education and schooling. The author considers the ECtHR's role within the European Education space and surveys a series of educational issues, taking a comparative approach to demonstrate the variety and depth of judges' thinking. It proposes a theory of judicial pedagogy for the courts' educational competence in deciding on these matters, appealing to scholars and researchers working across education, law, and religious studies.

Format: Hardback
Length: 190 pages
Publication date: 20 February 2024
Publisher: Taylor & Francis Ltd

This book represents an in-depth exploration of 'judicial pedagogies' as a groundbreaking concept, delving into intricate juridical-educational issues through a comprehensive analysis of the educational claims and assumptions underlying judges' decisions in the European Court of Human Rights (ECtHR). It sheds light on the growing demand placed upon judges worldwide to adjudicate matters related to religion and belief in schooling, encompassing admissions policies, curriculum planning, and even the dress and jewelry worn by students and teachers. These proceedings, owing to their significant implications for human rights, often evoke strong opinions and divergent viewpoints on education and schooling. By focusing on decisions rendered by the ECtHR, the author examines how the supranational court approaches these issues and assesses the ECtHR's role within the broader European education landscape. Drawing upon extensive research and scholarship in the field, the book surveys a range of educational topics, including curriculum and assessment, employing a comparative approach to showcase the diverse and nuanced thinking of judges. Instead of treating national or supranational legal principles and questions as jurisprudential matters typically centered around religion or human rights, this book reviews them from an educational perspective, considering them as 'folk theories of teaching and learning.' Furthermore, it delves into the implications of a judicial pedagogy theory for the courts' educational competence in addressing these matters, as well as for education and educational policy research, the European education space, legal scholarship, and legal and judicial education. By adopting a novel and innovative approach, this book offers valuable insights into the pedagogies at play in a courtroom, contributing to a deeper understanding of the courts as dynamic institutions that shape the educational landscape.

Weight: 540g
Dimension: 229 x 152 (mm)
ISBN-13: 9781032488615