Neutrality, Secularism and Laic State Cover Image

Neutralita, sekularizmus a laický stát
Neutrality, Secularism and Laic State

Author(s): Lucia Madleňáková
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci
Keywords: Neutrality; Secularism; Laic State; Religion; Ideology; Czech Constitution; Modernism; Postmodernism; Political Religions

Summary/Abstract: Neutrality, laic state and secularism are sometimes used like synonyms. This paper deals with the presumption that they are not. We can find enactment of neutrality of the state in the article 2 par. 1 of the Czech Charter of fundamental rights and freedoms. This article states that Czech republic is not tied up with any ideology nor religion. All ideologies and religions have the same right to exist under the same conditions and state is not allowed to diBerentiate them. On the other hand, the term laic state may impress the state of non-professionals. Evidently the meaning of this term is diBerent. It should be said, the term laic is not a legal term, we will not ;nd it in any legal norm. As laic we can understand the state non-confessional. Such state, thus, is not tied up to any religion but is does not tell anything about its ties to ideology. Consequently, neutral state and laic state are not synonyms. Thirdly, term secularism is connected with modern tendencies in the society. Modern state declared secularism, and totalitarian states gone on lenghts and created political religions that substituted original religions. With the development of postmodernity, society slowly returns to its spiritual values because state state is no more able to satisfy these human needs. At the conclusion, Czech republic is the neutral state, but not the secular one.

  • Issue Year: 5/2010
  • Issue No: 2
  • Page Range: 69-81
  • Page Count: 13
  • Language: Czech