The New Irish Constitution: An Exposition and Some Arguments — John Shaqi
The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
I am concerned with the safeguards for equality within a State, and so I
need say little or nothing of the Gallican system, which was intended to
secure liberty against foreign intrusion. It was the liberty claimed by a
church, which refused toleration to other denominations; the protests of a
national Church part of Catholicism against the intrusion of the Papacy;
it was the assertion of claims, which, to quote Saint Simon, “_blessent
douloureusement la Cour de Rome_”; assertions of the doctrine that the
French kings were in secular matters independent of the Pope, and that the
Pope’s spiritual authority was limited by the laws of the church. In some
countries, churches have secured a large measure of religious liberty or
autonomy by means of Concordats with the civil Power. The typical case is
that of the Catholic Church in France, where such a system may be said to
have existed from the Concordat of Bologna, concluded between Francis I.
and Leo X. in 1516, until recent times, with the exception of a short
break at the Revolution; they may be said to have established an offensive
and defensive alliance between Church and State.
I come to systems and devices chiefly used in modern times to secure
religious liberty or equality. They are to be found in particular in
countries possessing written constitutions. Either they lay down with more
or less clearness principles of religious equality, or, dealing
specifically with some pressing danger or difficulty, they provide a
safeguard as to it. The first striking example of this kind of restriction
is to be found in America. Dread of the existence of an established Church
and of its ultimate effects upon republican institutions was shared by the
framers of the United States Constitution and most of the framers of the
States Constitutions. The provision which Jefferson caused to be inserted
in the Virginia Bill of Rights and the article in the Massachusetts
Declaration of Rights have been copied with variations by the States.
Speaking generally, they provide for equality of treatment of religious
denominations (Stimson, “Federal and State Constitutions,” p. 137). In the
Constitution of the United States there is only one Article on the subject
(Amendment, Article 1). “Congress shall make no law respecting the
establishment(87) of religion or prohibiting the free exercise thereof.”
In the United States true equality exists; all denominations are treated
alike; the modern tendency towards equality has triumphed as the result
partly of national habits and partly of constitutional restrictions.
Public-domain text, read in full here on John Shaqi.
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