Stosunki państwo – kościół w Konstytucji Hiszpanii a 1978 roku
Church–state relations in the Spanish Constitution of 1978

Summary/Abstract: The paper discusses the model of relations between the State and religious denominations introduced by the Spanish Constitution of 1978. The main purpose of the adopted provisions was to resolve the old conflicts over the role of religion in the State, as that conflict had divided the Spanish society through many decades. The Constitution makers avoided the temptation of seeking revenge against the Catholic Church after the decline of the Franco regime and based the new law on a modern vision of religious freedom. Despite certain difficulties with classifying the Spanish model as falling within one of the categories elaborated by the legal science, it should be considered a separation-based system of Church–State relations. It does require, however, that the State cooperate with religions. Surprisingly enough, it appears that the constitutional clause which demands that the public authorities ‘take into account the religious convictions of the Spanish society’ (Art. 16 para. 3) may result in the State’s reducing the scope of collaboration with religious denominations in times of secularization.

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