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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

CALVO ESPIGA, Arturo. Laicism (laity) of the State and legal system: Freedom vs. uniformity: The Spanish case. Ius et Praxis [online]. 2010, vol.16, n.1, pp.333-392. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122010000100012.

We pose us in this study the problem of the harmony (coordination) within democratic legislations of the laicism of the State with his citizens' religious freedom. In the double dimension, on the one hand, of the personal liberty to profess a certain religious creed, or not to profess none, or to abandon the one which is professed or to change of beliefs. And, on the other hand, of the social freedom that the coercion protection and absence consists of or limitations when acting and stating publicly as a result with the professed faith. Reflection that carry out with special reference to the Spanish case. We study the established and consolidated freedoms regime in Spanish Constitution of 1 978 and developed, at first, for the Organic Law in force of Religious Freedom. We use in this study a comparative methodology with other legal systems continental. And we turn to immediate historic antecedents of the current legislation. We study of special form the regulation of the religious freedom (?) by the republican regime of1931. And the above-mentioned within the framework of the jurisprudence of the Spanish Constitutional Court. From this constitutional perspective future possibilities are posed for a legislative policy that promotes and presses the exercise of the fundamental right of religious freedom. Freedom that such as an effective mean is presented and resource necessary to avoiding the imposition on the part of the state of a dissimulated thought uniformity only. Our proposal is that one of the state option for an open laity founded in the promotion on the part of public authorities of the freedom. Public powers and State that have to found his action in the neutrality, the separation between the State and the Church, the cooperation and the promotion of the exercise of rights and fundamental liberties.

Keywords : Religious Freedom; Laicism (laity); Legal Equality.

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