Religious References in the Constitutions of European Post-Communist Countries and Ethno-symbolism

Abstract

The downfall of communism in Europe took place around 1989-1991, within a brief historical period. All the post-communist countries did away with their previous constitutions (which had sometimes been decorative in nature) and adopted new, post-communist constitutions. According to a Council of Europe membership count, there are twenty-three such countries: Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Poland, Romania, Russian Federation, Slovakia, Slovenia, Ukraine, and Serbia. The adoption of new constitutions in these countries occurred under the guidance of western European models, particularly as they were advanced by the Organization for Security and Cooperation in Europe (OSCE).1 The 1990 document of the Copenhagen meeting of the OSCE on the “human dimension” was of particular relevance in guiding emerging post-communist constitutionalism, focusing on the idea of human rights guarantees and, more generally, on the rule of law. The participating states committed themselves to the idea “…that full respect for human rights and fundamental freedoms and the development of societies based on pluralistic democracy and the rule of law are prerequisites for progress in setting up the lasting order of peace, security, justice and co-operation that they seek to establish in Europe.”2