RELIGION AS A CONSTITUTIONAL VALUE: ON THE QUESTION OF THE POST-SECULAR TRANSITION

Abstract

The article presents a comprehensive study of constitutional post-secularism as a rapidly developing political and legal paradigm of the modern state, emerging in the context of globalization, increasing migration flows, and the transformation of societal needs (including the search for national and cultural identity, as well as new ideological foundations for nation-building). The theo-retical premise of the research is based on the assertion that the classical model of secularism cannot and should never have been applied as a universal one, as it fails to reflect the plurality of civilizational paths of development and, consequently, the unique historical and cultural characteristics of each state that have shaped specific models of state–confessional relations. In this regard, the post-secular transition is considered a natural response to the conflict between secular and religious cultural determinants influencing legal reality and constitutional regulation. Based on the comparative legal analysis, the author proposes an original definition of “constitutional post-secularism,” identifies its key features and principles, and examines the impact of the post-secular turn on the realization of the right to freedom of conscience and religion, as well as related rights and freedoms. Particular attention is paid to the constitutionalization of religion in Russia, Brazil, Denmark, and Sweden as a socio-cultural value reflecting their historical and traditional specificities, as well as to its legal significance in contemporary public law.