Autonomia związków wyznaniowych jako zasada ustrojowa i prawo podmiotowe

Abstract

In the existing body of literature on the autonomy of religious associations, little attention has been paid to the normative nature of the formula adopted in the Polish Constitution, including the relation of the principle of autonomy to freedom of religion and belief. In this article, it is argued that religious autonomy, as expressed in the Polish Constitution, should be understood both as a constitutional principle and as a right of religious associations. The right to autonomy is not absolute and may be subject to limitations, but the closer the connection between the area of autonomy subject to regulation and the spiritual identity of the community concerned, the narrower the scope of permissible interference. The protection of the most sensitive manifestations of religious autonomy is safeguarded by the constitutionnal prohibition of interference with the essence of freedoms and rights.