RELIGIOUS FREEDOM IN COMPARATIVE CONSTITUTIONAL LAW

Authors

  • Carina OPRESCU Author

Keywords:

Religious Freedom, Comparative Constitutional Law, Article 9 ECHR, Laïcité (Secularism), Theocracy, Margin of Appreciation, European Court of Human Rights (ECtHR)

Abstract

This article explores the complex legal landscape of religious freedom, focusing on the diverse models used to manage the relationship between state and religion—from French “laïcité” (secularism) and state-supported churches in Denmark to constitutional theocracies. By analyzing Article 9 of the European Convention on Human Rights (ECHR) and the ECtHR’s “margin of appreciation” doctrine, the author highlights the ongoing struggle to define “belief” in a pluralistic world. The study critically evaluates how different constitutional frameworks balance individual liberties against national identity, public order, and collective religious values.

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Published

2026-05-07

Issue

Section

Articles