autonomia Kościołów

  • Wybrane problemy związane z realizacją konstytucyjnej zasady rozdziału Kościoła od państwa w III Rzeczypospolitej

    Author: Michał Szewczyk
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    Year of publication: 2013
    Source: Show
    Pages: 91-118
    DOI Address: https://doi.org/10.15804/ppk.2013.02.05
    PDF: ppk/14/ppk1405.pdf

    The final model of the separation of the church and state depends not so much on constitutional regulations but rather on provisions of the lower order and the practice of using. For this reason the article deals with the most controversial practical problems – subjectively chosen by the author – connected with the implementation of the so called friendly model of separation of church and state in the Republic in Poland. The following problems are successively presented: teaching of religion in public schools and the specific issues related to it, normative obligation to respect Christian values, criminal law protection of religious feelings and religious communities financing from the state budget. In the author’s opinion, including marks from religious instruction to the average school marks, the prosecution of offending religious feelings by public accusation, favouring treatment of donations to church charity and care and the existence of the Church Fund are inconsistent with the constitutional model of relations between church and state in Poland. However, legal regulations for more essential importance, such as the teaching of religion in public schools, are not contradictory to principles of the political system. Furthermore, they give the Polish legal system axiology, which is compatible with the majority of Polish society’s will.

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