| Title |
Valstybės ir bažnyčios santykiai konstitucinėje jurisprudencijoje: tarp atskyrimo ir atskirumo / |
| Translation of Title |
Relations between the church and the state in Lithuanian constitutional jurisprudence - separation or separateness? |
| Authors |
Murauskas, Donatas |
| DOI |
10.15388/Teise.2018.106.11652 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2018, t. 106, p. 46-59.. ISSN 1392-1274. eISSN 2424-6050 |
| Keywords [eng] |
church ; Lithuanian constitutional jurisprudence ; state neutrality ; principle of secularity of the state |
| Abstract [eng] |
The principle of state neutrality and the principle of secularity of the state are established in the jurisprudence of the Lithuanian Constitutional Court. The principle of separateness of the state and the church is also indicated in the Ruling of the Constitutional Court of Lithuania of 13 June 2000 “On certain provisions of the Law on Education”. The paper deals with interpretation of this principle in the scholarly works of some authors. Taking into account the state neutrality concept discussed within the framework of political philosophy, this paper raises certain doubts with regard to the scholarly interpretation of the principle of separateness of the state and the church established in the constitutional jurisprudence. The author of the paper discusses a particular argument raised by some scholars as to the uniqueness of the constitutional principle of separateness of the state and the church. In this regard the author conducts a systemic analysis of the constitutional jurisprudence and its interpretation with regard to the principle of secularity of the state. Moreover, the concept of the state neutrality principle is indicated in the paper. Finally, the state neutrality principle is discussed in the context of a line of reasoning of the authors who claim that the principle of separateness of the state and the church conceptually differs from the principle of separation of the state and the church. In this regard, the author asserts that the approach claiming that co-operation of the state and the church is a feature of the Lithuanian Constitution in light of the constitutional principle of secularity of the state lacks coherence and implies certain risks on the constitutional system prescribing relations between the church and the state in Lithuania. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2018 |
