Strani pravni život (Jan 2020)
On the constitutionality of registration of churches and religious communities: Contribution to the study of state-church law
Abstract
State church law is a legal branch which consists of legal norms which regulate the relation between the state and religious communities, as well as the position of churches and religious communities in the legal system. This article will problematize the question of registration of churches and religious communities as a theoretical generalization with a critical review of the positive legal regulation in Bosnia and Herzegovina. Using comparative legal methods it will present striking examples of these issues in some European countries. The scientific focus of this paper is presented through two aspects: 1) Constitutionality of differentiation of the status of the church and religious communities in the area of registration. 2) the question of competence of the administrative authorities to value the existence and legitimacy of religious teaching, in effect the legislative definition of the term religion as the previous question.
