CONSTITUTIONAL PATTERNS IN DETERMINING THE STATE’S POSITION ON RELIGION

Abstract

Religious freedom has become one of the most important rights and freedoms recognized at the level of national constitutions. Many of them explicitly acknowledge that the freedom of belief is absolute. Most constitutional design processes will have to consider the problem of religion–state relations. There are particularly important constitutional designs in majority countries, religiously diverse societies and societies where there have historically been tensions between religious and secular authorities. The constitution is regulating the relationship between the state and religion, between civil and religious authorities, and between secular and sacred codes of law, has historically been, and continues to be, one of the main functions of a constitution. Another important function of a constitution is to ensure peace and justice between all members of society, even in societies that are marked by deep religious divisions.