The Kirpan Case Law in Italy and Canada. Comparing Law and Religion Judgements in the Rise of Judicial Populism

The chapter compares case law related to the kirpan in Italy and Canada, analysing the topic through the lens of "judicial populism" as described by Italian doctrine. The kirpan serves as a crucial example of a religious symbol that can be exploited to promote an "us-versus-them" narrative and wield political leverage. The comparison reveals that Italian case law prioritises security over the right to carry the ritual dagger, while Canadian case law adopts a more nuanced approach, allowing the kirpan to be worn under certain conditions. This legal ambiguity illustrates the broader challenge of balancing diverse interests, rights, and freedoms in a multicultural society and underscores the tension between religious freedom and public safety.