PAŃSTWO LAICKIE WSPÓŁCZESNA RZECZYWISTOŚĆ USTROJOWA I PERSPEKTYWA NA PRZYSZŁOŚĆ
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Date
2007
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Wydział Prawa i Administracji UAM
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LAY STATE. CONTEMPORARY REALITY AND PROSPECTS FOR THE FUTURE
Abstract
A lay state is a relatively recent form of state, predominantly characteristic of the Western
legal and political culture. A lay state had its origins in the United States of America at the end
of the 18th century. However, the principle of the lay state was formulated for the first time in
the Constitution of the Fourth French Republic in 1946. The content of that principle in the
contemporary world has been largely influenced by the experiences of totalitarian communist
systems which, under the cover o f building a lay state and society, propagated the idea of
atheism. Currently there is no full agreement as to which attributes decide about the lay
character of a state. While at the beginning of the 20th century the idea of a lay state served
mainly to eliminate religion and church from the public sphere, today, in democratic systems it
is interpreted as a neutral outlook adopted by the state, guaranteeing the freedom of conscience
and religion. As such, it has also been approved by the Catholic Church. However, after the fall
of communism, in many states that formally declare their lay character, there are attempts to
use religion and various religious unions as political instruments. Therefore the future of a lay
state, and in particular propagation of a lay state as an option, is not a very obvious.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 2, s. 61-79.
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0035-9629