Ecclesiastical Law in Spain

• These are study notes on Ecclesiastical Law in Spain.
• The notes have been automatically created for ease of use.

Notion of Ecclesiastical Law of the State

• Ecclesiastical Law of the State is part of the state legal system that regulates religious matters as a social factor, not religion itself.
• It also belongs to the juridicial science studying a sector of State Law.
• Focuses on state juridicial order regulation of the religious phenomenon.
• State Law is interested in justice-based social relationship arrangements, public and private (ubi societas, ibi ius)
• Religious aspects include internal, external, individual, and collective dimensions.
• The inner: relates to faith in God, which law ignores.
• The outer: religious beliefs as a social determinant.
• State regulates external aspects, deciding entity requirements in fiscal, juridicial etc., domains
• The State is interested in religion as a social factor.
• There are 19,365 religious organizations recognized in Spanish Law.
• This stems from differentiating political and religious spheres (dualism).
• In ancient societies, politics and religion were not distinct, and Christianity marked the start of separation
• Throughout history, there have been constant political-religious interference.
• Absolute states interfered, but differentiation existed and is well-defined today.
• The statement "Ecclesiastical Law" is ambiguous and refers to the regulating subject and regulated matter.
• Ecclesiastical Law is that of Churches, historically using the terms Ecclesiastical Law or Canon Law. "of the State" underlines that it is State Law, referring to the religious factor.

Historical Formation of Ecclesiastical Law

• Before the 16th century, Ecclesiastical Law equaled Canon Law that refers only to Church Law from the Church on how to manage Church matters)
• After the Lutheran Reformation, the state dictates law regarding religion and its own set of Churches. Instead of Church Law, it turned into State Law about religions.
• Protestant countries: "Churches" were established by power.
• Catholic countries: regalism results in laws that meddle with what belongs to Churches.
• Multiple criterion: the identifying focus shifts from source to religious nature matter.
• In Protestant countries, state authority governs religious organizational concerns.
• Christians separated introduce German science terminology, retain Law before Reformation in the Corpus luris Canonici, name Ecclesiastical Law to the later one: norms from State and churches
• 18th-century: rationalist Natural Law of Germany's University adds effective criterion (laws must be effective) to nature criterion
• 19th century: Law comes from Ecclesiastical State (Staatskirchenrecht) currently
• 'Ecclesiastical' is State Law (not confession Law) and refers only to matter, encompassing religions currently.
• Ecclesiastical Law science springs from German positivisim, regarding the State as the only source. Therefore right of the State over religious problems.
• German to Italian, Italian to Spanish geographic evolution

Ecclesiastical Studies in Spain

• The Science of Ecclesiastical Law was tied to Canon Law studies at public universities.
• Ecclesiastical Law is a Canon Law appendix, introducing students to Church-State relations, from Concordats.
• Up until the 50.s of the 20th century: Ecclesiastical Law was internationalist. The the constitutionalist movement appeared.
• The State's Ecclesiastical Law is an independent juricial discipline because its norms share informators, over collective of "religious".

Ecclesiastical Law Currently

• For any law to be effective, must come from current society.
• All norms that Ecclesiastical Law gathers form a unity due to same informing principles that regulates, religion as the State does
• The State aims to guard freedom.
• They respond to the idea of justice, same informing principles.
• Ecclesiastical Law is addressing the Law, not Churches, but religions overall.
• Religious beliefs in Spain: Catholics predominate.
• Muslims, Evangelicals, Orthodox, Jehovah's Witnesses, Buddhists, Mormons, Jews make up subsequent denominations
• CIS barometer measured 26% agnostic or atheist as of May 2017

Conclusions

• Catholic and Catholic inclined is societies perception
• Fast growing secularization in recent years
• Minorities, notable Islam, in recent years.
• Cultural religious diversity in juridical order is challenges, current diversity

Religious and Belief Freedom in International Law

• First religious freedom formalizations: right statements from two great liberal revolutions in 19th (French-American).
• Religious wars finished with Westphalia's peace: where the region is, its religion shall reign. Concept of tolerance toward non-professors. Each religion has a realm
• Intolerance to the right of exodus.
• Seeks one's religion with no discrimination and coexist
• Migrants fleeing Europe: religion-convinced people that want to freely practise, live in peace and co-exist so as not to discriminate
• Separation of Church and State is separation between church and state to safeguard all's wide right
• Virginia Declaration of Rights, 1776: law recognizes right. Freedom of all should practise unhampered, free
• 1787 US constitution that ratified, states' Bill of Rights 1789: criteria are safeguarded.

First Amendment Of Constitution

• 1791, Congress forbidden from "recognition of/ or free practice prohibitions".
• Clauses govern the nation.

French Liberalism

• Emerges in a space from US with links to Catholicism, making freedom to be about liberating beliefs from religion. Negative view of the the fact, opinions and consciousness not a manifestation
• Opinion solely.
• State and Church separation suppresses society presence, private.
• Rights of Man Declaration: limits the freedom of creed
• Article 10: "Nobody should beliefs disturb law".

Current International Religious and Belief Freedom

• Documents, Vinculantes and declation
• Universal includes universal (ONU)
• Regional State/ territory council of Europe
• general.
• particular..
• Article 96 CE: international agreements become one published valid
• Article 10.2 CE interpreted right fundamental to declare international

Documents Internationals

• Universal Declaration of Human rights 10 strength is university. Not convention
• Covenant on civil political rights 1966: all to think
• Economic Social one 1966
• Declaration intolerant no religions 25 November 1981

People

• Linguistic 18/ december 1992
• Person any rights the

Council Europe

• Founded 1949, members, Stasbourg.
• The legally, what done
• Principal Rome human convention 1950.
• Homogenous, European Strasbourg, human guarantees
• Can citizen the
• No right violated:

Religious Documentations

• Human human Free protocol november Minor nations agreement frame

Civil Rights

• Article 9- Human liberties of thought
• Change conviction Manifest convictions collectively no one overrules can.
• No object can restricts can’t overrule

Eu Treaty

• Union
• Forbids no unions to make
• Union religious rights:

Fundamental Laws

Christian Confessionality traditions of christ: Eastern tradition States privileges to Church. Right to religious liberty National identity with religions. Recognizing high pros like Jehovah's Pentecostal and other nations that restrict, orthodoxy: 3. constitutions.

State Churches Protestants

• Historic from authority State monarch to belong Free can

Religious Vatican

• Confident: maintain reasons, respect religions all
• Europe identify by all:

Islamic States

• Laws: Divine. Sharia all
• Religious: pray and organize

Muslim Nations

• Imported tradition
• Law is for Muslim people

Higher degree

• Constitutes are what in state share, Sharia Federal
• God Islam constitutions.
• Criminal.
• Death penalty
• Saudie Arabia, allow

Confessions Minor

• Inspired directly the Allah doesn' for them.

Other Confees

• Rep Lanka. Buddha

Pec state

• Religion
• The all:

Secular Staes

• US, ignorance from that are civil:

Cooperation States

• One one does specific religious the

Separation Model

• Protections for the people rights the.

Cooperations One

• Adapt specifics
• Combine differences

Sources for Ecclesiastical Law Introduction Spainish

• No several
• two look to rank and origin:

The Source of Legal

norms or sources: States one sided or other

Hierarchy Normators

• The for those one side overrule be: unileterally.

Sources Side

• Has Spain constitutions: religion
• Article:1.1... etc:. freedom
• Develop another Religious Article 5..

Strructure Lolors

Brevity Basic, has, article is what regulates right.

Pactasunt servanda

• With are state people they
• Equality give better everyone with people that them