La libertà religiosa nella giurisprudenza costituzionale: verso un modello italiano?

Abstract

[Religious freedom in the Constitutional Court jurisprudence: towards an Italian model?] The Author analyzes the Italian Constitutional Court case law concerning Church-State relations and religious freedom. The essay finds out two different approaches laid by the Constitution and the judges: an institutional approach (based on article 7 and 8 Const.) and a more libertarian one (in particular art. 19 Const.). Finally the Author proposes the idea of the Italian separation between church and State and religious freedom as a (most likely) third model between the French laicité and the U.S. strict separatism based on I Amend. religious clauses.