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Journal articles on the topic 'Freedom of religion Constitutional law Church and state Geschichte'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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1

Faraguna, Pietro. "Regulating Religion in Italy." Journal of Law, Religion and State 7, no. 1 (2019): 31–56. http://dx.doi.org/10.1163/22124810-00701003.

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This article focuses on state-church relations and on the peculiar implementation of the “idea of secularism” in Italy. First, it explores the formal provisions of the 1848 Constitution. Next, it investigates constitutional provisions that came into force in 1948. Finally, it examines how the actors of the living constitution (legislators, the government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the area of religious freedom, equality, and state-church relations. The article expl

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2

Kenny, David. "The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution." European Constitutional Law Review 16, no. 3 (2020): 417–39. http://dx.doi.org/10.1017/s1574019620000218.

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Constitution making – Disagreement – Principled constitutionalism versus unprincipled bargaining – Pragmatism – Church and state – Separation of religion and law – Maintaining religious peace – Drafting of the Irish Constitution of 1937 – Placating Irish Catholicism – Accommodation of protestant religious minority – Balancing religious freedom and religiosity – Balancing fundamental rights and religious influence – Flexibility and adaptability – Pragmatic assessment of constitutions and constitution making

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3

Daly, Eoin. "Competing Concepts of Religious Freedom Through the Lens of Religious Product Authentication Laws." Ecclesiastical Law Journal 13, no. 3 (2011): 298–332. http://dx.doi.org/10.1017/s0956618x1100041x.

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Religious product authentication laws, predicated on conceptions of doctrinal authenticity, risk curtailing the religious freedom of dissenting adherents engaged in non-orthodox forms of the regulated practice. They may also entail discrimination between, or even the ‘establishment’ of, competing doctrinal viewpoints within religions. This raises important constitutional and theoretical questions surrounding the conceptual necessity, to religious freedom, of state neutrality in religious controversies. Comparative church–state jurisprudence reveals strikingly different approaches to the questi

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4

Sagan, Oleksandr N. "State-confessional relations in their practical expression in Ukraine." Ukrainian Religious Studies, no. 65 (March 22, 2013): 62–74. http://dx.doi.org/10.32420/2013.65.206.

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The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and

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5

Chitanava, Ekaterine, and Mariam Gavtadze. "Limitations to Freedom of Religion or Belief in Georgia: Legislation and State Policy." Religion & Human Rights 15, no. 1-2 (2020): 153–71. http://dx.doi.org/10.1163/18710328-bja10006.

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Abstract This article demonstrates legal and non-legal limitations of freedom of religion or belief (FoRB) in Georgia, characterized by an absence of relevant case law of common courts about restrictions to FoRB with legitimate aims. Instead, the State is using various instruments for interference, such as administrative barriers and artificial obstacles for religious communities. In certain occasions, its policy and practice do not comply with the constitutional principles and international human rights commitments of the country. The State’s preferential treatment of the dominant and influen

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6

Witte, Jr., John. "American Religious Liberty: An International Perspective." Ius Humani. Law Journal 8 (November 7, 2019): 99–122. http://dx.doi.org/10.31207/ih.v8i0.217.

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This Article compares United States religious freedom jurisprudence with prevailing international human rights norms. I distill these international religious freedom norms and evaluate how selected US Supreme Court cases both follow and depart from these norms. Part I identifies six principles of religious freedom defended by the American framers who crafted the First Amendment in 1791: liberty of conscience; free exercise of religion; religious pluralism; religious equality; separation of church and state; and no establishment of religion. Part II summarizes the mostly parallel norms of relig

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7

Kyrychenko, Yuriy, and Hanna Davlyetova. "Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 15–20. http://dx.doi.org/10.31733/2078-3566-2020-2-15-20.

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The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of r

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8

Kramer, Eric W. "Law and the Image of a Nation: Religious Conflict and Religious Freedom in a Brazilian Criminal Case." Law & Social Inquiry 26, no. 01 (2001): 35–62. http://dx.doi.org/10.1111/j.1747-4469.2001.tb00170.x.

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This article examines a criminal trial in Brazil that touched on the imagined role of religion in public life. The case involved a Protestant minister accused of religious discrimination and of vilipending an image of Nossa Senhora Aparecida, the patron saint of Brazil. The prosecution argued and the court concurred that the minister's iconoclastic verbal and physical gestures endangered the constitutional guarantee of religious freedom. Yet the defense claimed that his actions, stemming from his religious convictions, expressed this same principle of freedom. Different visions of religious fr

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9

PANGALANGAN, Raphael Lorenzo Aguiling. "Relative Impermeability of the Wall of Separation: Marriage Equality in the Philippines." Asian Journal of Comparative Law 13, no. 2 (2018): 415–46. http://dx.doi.org/10.1017/asjcl.2018.17.

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AbstractThe Philippine doctrine on the separation of church and state, while rooted in American constitutional tradition, continues to show vestiges of Spanish colonial rule. The Philippines adopted the union of church and state for three and a half centuries as a Spanish colony, but became a secular state after it was ceded to the United States of America in 1898. The wall of separation has since been maintained in all subsequent Philippine constitutions, only to be compromised in statutes and daily life. That conflict is most evident in marriage, a legal institution openly shaped by canon la

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10

Shunyayeva, Vera Anatolyevna, and Svetlana Viktorovna Vorobyeva. "REVIEW OF THE “ROUND TABLE” “STATE, SOCIETY AND THE CHURCH: STRENGTHENING INTERETHNIC AND INTERFAITH HARMONY, DEVELOPMENT AND IMPROVEMENT OF INTERACTION MECHANISMS”." Current Issues of the State and Law, no. 9 (2019): 124–31. http://dx.doi.org/10.20310/2587-9340-2019-3-9-124-131.

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We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interacti

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11

Czermak, Gerhard. "Grundfragen des deutschen Religionsverfassungsrechts in Theorie und Praxis Ein kritischer Überblick." Zeitschrift für Religions- und Geistesgeschichte 63, no. 4 (2011): 348–63. http://dx.doi.org/10.1163/157007311798293665.

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AbstractThe article outlines the development and most important features of the religious constitutional law of the Federal Republic of Germany, as constituted in the Grundgesetz (the German Costitution) and the decisions of the Federal Constitutional Court. Under the basic principle of neutrality, it constitutes a system of separation with single aspects of cooperation of the state and religious communities. It is also a system of wide freedom and of kindness to religion. Non-religious worldviews are explicitly equated for individuals as well as for religious and non-religious associations. T

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12

Gianfreda, Anna. "Religious Offences in Italy: Recent Laws Concerning Blasphemy and Sport." Ecclesiastical Law Journal 13, no. 2 (2011): 182–97. http://dx.doi.org/10.1017/s0956618x11000056.

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Religious offences in Italy, as in many European countries, have a long and complex history that is intertwined with the events in the history of the relationship between church and state and the institutional and constitutional framework of a nation.This article is divided into three parts. The first part aims to offer some historical remarks concerning the rules on the contempt of religion and blasphemy in Italian criminal law from the end of the 19th century to the present day. The second part focuses on changes to the law on vilification introduced in 2006 and the third part deals with the

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13

Topidi, Kyriaki. "Religious Freedom, National Identity, and the Polish Catholic Church: Converging Visions of Nation and God." Religions 10, no. 5 (2019): 293. http://dx.doi.org/10.3390/rel10050293.

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In the most common representations of the Polish people, the Catholic Church is not simply considered as a part of the Polish nation; it is the Polish nation. This is reflected in the constitutional relationship of the Church and the State, in the form of a concordat. Yet, despite a formally constitutionally warranted separation, the Church retains heavy weight in the legal and political debates to the point that currently, in a time of resurgence of populism across the globe, a number of right-wing parties adopt positions based on those of the Church, establishing a dangerous nexus between re

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14

Polo Sabau, José Ramón. "El artículo 16 de la Constitución en su concepción y desarrollo: cuarenta años de laicidad y libertad religiosa // The meaning and scope of article 16 of the Spanish Constitution: fourty years of religious freedom and non-establishment of religion." Revista de Derecho Político 1, no. 100 (2017): 311. http://dx.doi.org/10.5944/rdp.100.2017.20701.

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Resumen:En este trabajo se realiza un balance y examen global del desarrollo que ha experimentado el llamado sistema de relaciones Iglesia-Estado en España en las cuatro décadas de vigencia de la Constitución de 1978, prestando una especial atención a las razones de fondo que llevaron al constituyente a incluir una referencia en él a la cooperación con la Iglesia católica y las demás confesiones así como a la consecuencias que ha tenido el hecho de que las relaciones con aquella estuviesen ya configuradas concordatariamente en el momento en el que fue aprobada la Constitución. En este contexto

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15

Schirinsky, Oleg. "THE EXERCISE OF RELIGIOUS FREEDOM IN GERMANY AND BELARUS: A COMPARATIVE STUDY." Administrative law and process, no. 4 (27) (2019): 88–101. http://dx.doi.org/10.17721/2227-796x.2019.4.08.

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Germany and Belarus are in a comparable position with regard to the religious landscape. Both countries have two large religious communities that decisively shape religious life. Relations between the state and the church also develop in a similar direction in both countries after the fall of the communist ideology and have the model of a cooperation relationship. Belarus as a young democracy, of course still needs time to get to European human rights standards, but Belarus can do well when it comes to ensuring freedom of religion. However, the article deals with the existing deficits in Belar

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16

Jusic, Asim. "Constitutional Changes and the Incremental Reductions of Collective Religious Freedom in Hungary." ICL Journal 10, no. 2 (2016). http://dx.doi.org/10.1515/icl-2016-0205.

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AbstractIn the period from 1989 to the present day, Hungary twice changed its constitution and the framework of state-religion relations. In 2011/2012, its most recent constitution, the Fundamental Law was introduced, and with it new legislation on church-state relations, bringing with it an effect of de-registering a number of formerly-recognized smaller religious communities. The European Court of Human Rights in 2014 held these effects to be partially contrary to European human rights standards. I argue that, far from being an aberration, ‘the new church-state regime’ of 2012 represents the

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