Constitutional Principles Governing the Institutional Relationship between the State and Churches and Other Religious Organizations – An Assurance of Religious Safety in Poland
 
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Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Publication date: 2014-06-30
 
JoMS 2014;21(2):351–368
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ABSTRACT
In modern constitutions, there is a provision regarding the principles governing the relationship between the state and the Church. These are basic principles, or rules, which define a certain model that is realized in the entire legal system. The model that was written into the Constitution of the Republic of Poland, adopted on 2 April 1997, constitutes a capstone of changes to the legal system that occurred during the period of 1989-1997. Moreover, it has ensured the religious safety of the democratic state that Poland had become after 1989. Art. 25 contains the principles governing the institutional relationship between the State and the churches and other religious organizations. The provision ensures religious safety in the functioning of churches and other religious organizations in Poland. Art. 53 of the Constitution, found in Chapter II: “The Freedoms, Rights and Obligations of Persons and Citizens”, ensured the religious safety in terms of the right to freedom of conscience and religion that every person is entitled to. The principles established in Art. 25 and 53 of the Constitution of the Republic of Poland protect the two dimensions of freedom: the freedom of conscience and religion. The freedom of religion protected at the institutional level, i.e. it defines the rules governing the relationship between the State and churches and other religious organizations. Moreover, the right to the freedom of conscience and religion protected at the individual level. Those who belong to churches and religious organizations are, at the same time, the citizens of the Polish state. Therefore, they need the state to ensure that they can safely practice their religion. The assurance of religious safety at the individual level constitutes the basis for religious safety at the institutional level, since both these categories are interconnected.
eISSN:2391-789X
ISSN:1734-2031