The Posture Of States On Religion Flashcards
When did the three models of state relations happen?Theorist as well
19th century Ridel
Main criticism of the three traditional models of state relations?
SandbergThis is flawed because it focuses on the means not the ends
The definition of the church state model
DoeExistence of close constitutional links between the state and a particular religious community (examples like England)
Criticism of the church state model
More in theory than practice - Sandberg Based upon history
Examples in the state church model
Denmark GreeceFinlandUkSweden and Wales
Examples of varying levels of control in church state models
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
Sandberg criticism of Denmark and Greece
Very little in common if you look at the level of control State church system
Finland state church system
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
The United Kingdom, state church system
Several governmental bodies engage in dialogue with religion- the CofE (similar to Finland)- subject to royal supremacy - monarch is the supreme governor
Aston cantlow
Seems to suggest a distance between the church and the state in the uk
Sweden and Wales state church system and
Often omitted entirely from the the 3 models because they are disestablished
Definition of the separation model
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
Criticism of the separation model
SandbergOften not strict separation with the government interfering a little
Examples for the separation model
FranceIrelandNetherlands
France, the separation model
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
Historical example of the separation model
Nazis
Ireland, the separation model
Disestablished 1871Establishment is prohibitedSo separate historically that it actually is
Colton on the separation of Ireland
It’s so historically separate that it remains so today
Separate church and state v minister for education is
Held that establishment is prohibited in the Irish church
Netherlands- separation system
ConstitutionReligious freedomSilent on financesSeparation referred to in legislative process and court decisions
Robbers on the separation of the Netherlands
Not a strict separation in that the state and church should have nothing to do with each other
Definition of the cooperation model
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
Examples of the cooperation model
PortugalSpainItaly
Portugal cooperation model
State bodies must remain neutral
Spain cooperation model and
Has a pyramid structure 1. Catholic Church2. Minority religious organisations with signed agreements3. Registered minority religions4. No legal status
Sandberg on the am distinction between the separation and cooperation model
Today there is such emphasis on religious freedom we can’t say what distinguishes them The means is different but the ends the same
Robbers criticism of the hybrid system
It is merely what everything else is not
Other criticisms of the hybrid system
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
Distinguishing between state am church model and hybrid
Difficult to distinguish as there is often some favouring of a particular religionEg. Catholicism- Italy
Limitations of the hybrid system
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
Ferrari on the 3 system model
We should abandon it
A new approach
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
Family law
Douglas
Religious freedom is basically u I really accepted
A similarity across the boardParis v council
Churches have a right to self determination under..
Religious freedom
What are the three traditional models of state relations?
State churchSeparationCooperation
