Secular State in the Light of the Developments of Contemporary European Constitutionalism Cover Image

Państwo laickie w świetle dorobku współczesnego konstytucjonalizmu europejskiego
Secular State in the Light of the Developments of Contemporary European Constitutionalism

Author(s): Paweł Borecki
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: secularity; secular state; separation of church and state; ideological neutrality of the state; Europe; laickość; państwo świeckie; rozdział państwa i kościoła; neutralność światopoglądowa państwa; Eu

Summary/Abstract: Today’s Europe is dominated by secular states. The principles of secular state in Europe are promoted by the diversity of religious and philosophical population, especially by the large percentage of the population of non-believers. The contemporary principle of secular state serves no longer to reduce the social significance of religion or religious organizations. Secular states frequently interact with religious organizations for general public scopes. A way of expressing the principle of secularism in constitutional acts is diversified – often it is necessary a complex analysis of the content of the constitution. The principle of secular state is directly expressed in Europe in the constitutions of approximately 14% of countries. State Secularism is frequently equated with the principle of separation between church and state. In Europe, however, there are countries that are exceptions to this rule. In total the formula of the separation between church and state is expressed in approximately 25% of European constitutions. Often this principle is expressed in the constitutions in a veiled form. As the most important feature of a secular state is considered the principle of the neutrality of the worldview. However, it is rarely explicitly expressed in the European constitutions. It spread rather by the constitutional court decisions and the statements of legal doctrine.

  • Issue Year: 2016
  • Issue No: 66
  • Page Range: 41-60
  • Page Count: 20
  • Language: Polish