ON THE SPIRITUAL FOUNDATIONS OF STATE SOVEREIGNTY: LEGAL UNDERSTANDING OF FREEDOM OF CONSCIENCE IN MODERN CONSTITUTIONALISM
Author(s): Baburin S.N.
Rubric: Content, problems and trends in the development of public law
DOI: 10.21777/2587-9472-2024-2-36-45
Release: 2024-2 (42)
Pages: 36-45
Keywords: state, sovereignty, freedom of conscience, religion, constitutionalism, legal understanding, constitutional reform, spiritual and moral values
Annotation: The purpose of the article is to analyze the necessity and regularity of the birth of the idea of a moral state through the enhancement of freedom of conscience in modern society. The legal understanding of freedom of conscience is one of the spiritual foundations of state sovereignty. The research methodology includes the methods of historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, compara- tive legal analysis, and the ascent from the abstract to the concrete. The definition of freedom of conscience and ideological foundations of a moral state is given. It is the moral and ethical foundations of the Constitution that form the socio-cultural line of development of modern civilization. On the example of specific decisions of the European Court of Human Rights, the position of the Council of Europe, it is concluded that the secularism of the European Enlightenment led to an equalization in the representation of Western public consciousness of good and evil, that in Western countries there is a forced moral neutrality of society, giving rise to immorality and permissiveness. The analysis of various aspects of the understanding of freedom of conscience as a basic value, without which the sovereignty of the modern state is impossible, is important for the further development of legal understanding, for teaching the theory of state and law and constitutional law in universities.
Bibliography: Baburin S.N. ON THE SPIRITUAL FOUNDATIONS OF STATE SOVEREIGNTY: LEGAL UNDERSTANDING OF FREEDOM OF CONSCIENCE IN MODERN CONSTITUTIONALISM // Journal of Legal Sciences. – 2024. – № 2 (42). – С. 36-45. doi: 10.21777/2587-9472-2024-2-36-45