Normativité juridique vs. normativité religieuse : l’office du juge pour arbitrer les conflits
From examples of judicial cases in the field of private law and religions, this paper proposes to rethink the question of the self-limitation of the state law and the impenetrable barrier which, according to some views, should be separated the competencies between State and religions. Nevertheless,...
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| Format: | Article |
| Language: | English |
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Presses universitaires de Strasbourg
2016-05-01
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| Series: | Revue du Droit des Religions |
| Online Access: | http://journals.openedition.org/rdr/1052 |
| Summary: | From examples of judicial cases in the field of private law and religions, this paper proposes to rethink the question of the self-limitation of the state law and the impenetrable barrier which, according to some views, should be separated the competencies between State and religions. Nevertheless, the state law, via its judicial application, may be considered positive, especially regarding the exercise of the individual freedom of religion. Furthermore, the State intervention must not be dreaded: when a conflict between law and religion arises, pointing out the opposition between law and religion does not, necessarily, imply a superiority of the state law. |
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| ISSN: | 2493-8637 2534-7462 |