Constitutional Conception of the Church (Religious Communities) and the Limits of Self-Regulation: Example of Switzerland (article in Lithuanian)

Tomas Blinstrubis

Abstract


The concept of “the Church,” as in the meaning of Article 72 of the Federal Constitution of the Swiss Confederation, in the jurisprudence system of the Swiss Federal Court, covers in principle the concept of “religious communities” pars pro toto. On the other hand, expréssis verbis of the conception of “the Church” in the text of the Constitution indicates the aim of its authors to implicitly enforce the subtle acknowledgement of historically traditional and actually recognised exceptional significance of churches in Switzerland. Constitutions of the Cantons provide also for the Communities of the Church, which exist among other communities of Cantons (political, residents, etc.) as fully recognised types of entities under the public law, however, different from religious communities, since they form a unit within the church system of the Canton, separated from each other on the personal confessional-territorial basis. Due to this, the difference between the concepts of “religion” and “church” is important.

Keywords


Federal Constitution and Constitutions of Cantons; Church; legal subjectivity and the autonomy of religious communities; jurisprudence of the Federal Supreme Court

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236