EXC 2060 B3-45 - Democratic Legitimacy of Strategic Litigation in the Context of Religion

This project analyses the legitimacy of strategic litigation in the context of religion from the perspective of democratic theory. Strategic litigation describes a political practice in which litigation collectives go to court pursuing political goals that go beyond the specific case. The aim can be, for example, to gain public attention, to problematize legal gaps or to present alternative interpretations of legal norms. In recent years, there is a growing discussion about the normative challenges of strategic litigation: Does strategic litigation raise problems concerning the separation of powers, for example, or is it to be considered a normal mode of political participation?
The project aims to contribute to the normative discussion of strategic litigation in two ways. First, it develops a systematic democratic theory approach to the legitimacy of strategic litigation evaluating conflicting normative interpretations. Second, the project analyses the specific normative challenges of strategic litigation in the context of religion. Does religious litigation raise other normative questions than, for example, climate litigation? What role does the relationship between majorities and minorities play in strategic litigation concerning religious conflicts? The project combines the insights of religion in political theory with current research in democratic theory on the legitimacy of political institutions and procedures.