Prawodawstwo wyznaniowe z okresu II Rzeczypospolitej we współczesnym polskim systemie prawnym
Loading...
Date
2014
Authors
Borecki, Paweł
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe UAM
Title alternative
Religious legislation of the Second Republic of Poland (1919–1939) in the contemporary Polish legal system
Abstract
The following religious laws are still formally binding in the contemporary Polish
legal system: ordinance of the President of the Republic of Poland of 22 March 1928
on the relationships between the State and the Eastern Old Rites Church without
hierarchy chart, the Act of 17 March 1932 on the contributions payable to the Catholic
Church, the Act of 21 April 1936 on the relationships between the State and the
Muslim Religious Union in the Republic of Poland, the Act of 21 April 1936 on the
relationship between the State and the Karaim Religious Union in the Republic of
Poland, and the Act of 25 March 1938 on the production and trading in religious
and cultic objects. Their compatibility with the current Constitution of 1997 raises
certain doubts, while the regulations themselves contain some anachronisms and constitute an isolated phenomenon in the national legal system. What is more,
these acts exist in separation from their primary historical context, including the
axiological context and the context of the constitutional rights, which is particularly
noticeable with regards the relationships between the State and religious unions.
As it happens, the standards deriving from those laws have either entirely, or at
least partially disappeared due to the desuetudo. From the perspective of a behaviourist
approach, acts adopted in 1932 and 1938 are no longer binding whereas
those of 1928 and 1936 have largely lost their applicability today. Further, the importance
of pre-war religious legislation in the contemporary legal system in Poland
is signifi cantly reduced. Most regulations, save for those of organisational nature
or pertaining to the legal nature of religious unions and their organisational bodies,
are impractical, inapplicable and out of use. What is more, these acts in their current
form are not compatible with the principle of citizens’ confi dence in the state and
obstruct development of confessional communities, and even undermine the State’s
authority. As such they should be urgently repealed or modified.
Description
Sponsor
Keywords
State, Church relationships, pre-war religious legislation, Constitution of the Republic of Poland 1997, religious minorities
Citation
Studia Prawa Publicznego, 2014, Nr 4 (8), s. 61-81
ISBN
978-83-232-2828-8