La mancata emanazione nell’Italia repubblicana di una legge “organica” sulla libertà religiosa (il confronto col caso spagnolo)

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Abstract

A missed target of the Republican Italy is the adoption of an "organic" law on religious freedom. A lack determined in spite of the presence ofintemal and extemal stimuli ( of cultural, poli ti cal and legal nature) that mighthave led to a different outcome: among the first, in particular, the chance to marka discontinuity with the previous regime and to replace the "general" Legge suiCu/ti ammessi (1929), conflicting with the Charta of 1948 on multiple fronts; regarding the latter, the suggestions (more or less compelling) occurred over timefrom Spain and Portugal, Countries with an history of relations between law, politics and religion in many respects parallel to the Italian one. And in this regard,it is prominent the inspiration given by the Spanish experience, both as earlierthan the Portuguese, and because of the extraordinary speed and the unanimousagreement that characterise the process of adoption of the Ley Organica de Libertad Religiosa, a couple ofyears from the first "e lec iones democráticas" of PostFrancoism, and the promulgation ofConstitution of 1978.This essay intends to examine the political and legal factors behind thislatter outcome, and to confront them with those much older found in ltaly inthe aftermath ofthe fall ofFascism: with the immediate aim ofhighlighting thedifferences between the two situations and evaluating their weight respectingto the unsuccessful developments ofthe Italian experience; and the final goalof derive, starting from this comparison, the prominent resistance factors whichhave affected negatively this experience.
Lingua originaleItalian
pagine (da-a)879-917
Numero di pagine39
RivistaANUARIO DE DERECHO ECLESIÁSTICO DEL ESTADO
Stato di pubblicazionePublished - 2016

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