The Posture Of States On Religion Flashcards

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1
Q

When did the three models of state relations happen?Theorist as well

A

19th century Ridel

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2
Q

Main criticism of the three traditional models of state relations?

A

SandbergThis is flawed because it focuses on the means not the ends

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3
Q

The definition of the church state model

A

DoeExistence of close constitutional links between the state and a particular religious community (examples like England)

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4
Q

Criticism of the church state model

A

More in theory than practice - Sandberg Based upon history

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5
Q

Examples in the state church model

A

Denmark GreeceFinlandUkSweden and Wales

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6
Q

Examples of varying levels of control in church state models

A

Denmark- high level of control, in the constitutionGreece- the control is minimal, constitution says the orthodox church of Greece is the prevailing religion - has personality in public law- it is funded by the state- religious freedom catered for, Strasbourg has criticised then on this

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7
Q

Sandberg criticism of Denmark and Greece

A

Very little in common if you look at the level of control State church system

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8
Q

Finland state church system

A

Has two churches 1. The evangelical Lutheran church (similar to Greece)2. Orthodox Church (similar to Denmark) The government cannot interfere with the content of ecclesiastical bills issued by the synod The church and parishes are autonomous

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9
Q

The United Kingdom, state church system

A

Several governmental bodies engage in dialogue with religion- the CofE (similar to Finland)- subject to royal supremacy - monarch is the supreme governor

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10
Q

Aston cantlow

A

Seems to suggest a distance between the church and the state in the uk

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11
Q

Sweden and Wales state church system and

A

Often omitted entirely from the the 3 models because they are disestablished

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12
Q

Definition of the separation model

A

DoeThe secular constitutional posture of the state, it’s religious difference or neutrality, the absence of state funding for religion, non-intervention in religious affairs and the promotion of religious freedom for all

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13
Q

Criticism of the separation model

A

SandbergOften not strict separation with the government interfering a little

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14
Q

Examples for the separation model

A

FranceIrelandNetherlands

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15
Q

France, the separation model

A

Set out in the Loi de la separation guarantees free practice of religion supervised by the bureau des cultes The separation model does not apply to the three eastern French departments where there are cooperation agreements with various organisations

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16
Q

Historical example of the separation model

A

Nazis

17
Q

Ireland, the separation model

A

Disestablished 1871Establishment is prohibitedSo separate historically that it actually is

18
Q

Colton on the separation of Ireland

A

It’s so historically separate that it remains so today

19
Q

Separate church and state v minister for education is

A

Held that establishment is prohibited in the Irish church

20
Q

Netherlands- separation system

A

ConstitutionReligious freedomSilent on financesSeparation referred to in legislative process and court decisions

21
Q

Robbers on the separation of the Netherlands

A

Not a strict separation in that the state and church should have nothing to do with each other

22
Q

Definition of the cooperation model

A

The basic separation of state and religion and the SECULAR posture of the state, but where relations with a religious organisation and matters of common concern are addressed, usually in the form of agreements

23
Q

Examples of the cooperation model

A

PortugalSpainItaly

24
Q

Portugal cooperation model

A

State bodies must remain neutral

25
Q

Spain cooperation model and

A

Has a pyramid structure 1. Catholic Church2. Minority religious organisations with signed agreements3. Registered minority religions4. No legal status

26
Q

Sandberg on the am distinction between the separation and cooperation model

A

Today there is such emphasis on religious freedom we can’t say what distinguishes them The means is different but the ends the same

27
Q

Robbers criticism of the hybrid system

A

It is merely what everything else is not

28
Q

Other criticisms of the hybrid system

A

Not sure what the am definitive factor is Seems that the only distinction is that the favouring of a particular religious group is provided in a different constitutional form

29
Q

Distinguishing between state am church model and hybrid

A

Difficult to distinguish as there is often some favouring of a particular religionEg. Catholicism- Italy

30
Q

Limitations of the hybrid system

A

The characteristics of the hybrid system are characteristics common to Europe as a whole and cannot distinguish or justify the exist ace of a catch all category

31
Q

Ferrari on the 3 system model

A

We should abandon it

32
Q

A new approach

A

Need to look at the definition of religionCommon law of the European Union Maybe combine with sociology?Maybe look at family law? Douglas Need to move away from just looking at what the state says and instead look at what it means

33
Q

Family law

A

Douglas

34
Q

Religious freedom is basically u I really accepted

A

A similarity across the boardParis v council

35
Q

Churches have a right to self determination under..

A

Religious freedom

36
Q

What are the three traditional models of state relations?

A

State churchSeparationCooperation