Study On The Protection Of Freedom Of Religion Under The View Of The Constitutional Review

The religious belief develops into a human rights protected by law is the inevitableresult of the development of human society. Religious liberty is not only one of thebasic human rights protected by constitution, but also one of the basic human rightsmaintained by the international human rights conventions. However, on the one hand,due to long term contradiction existing in the ideological sphere and weakconsciousness of rights, on the other hand, academia don’t study deep enough at thereligious liberty and the constitution, as a fundamental law, is often left out, the aim ofthe effective constitution guarantee to the religious liberty can’t be achieved.This article has a total of four chapters except the part of Introduction andConclusion.The first chapter is the summary of the right to the freedom of religiousbelief.Through studying the academic research results of the right to the freedom ofreligious belief at home and abroad and in reference to the legislation and certainpractical experience; it will extract two essence contents about the right: the freedom ofthe belief and the freedom of the activity and then put forward the idea of ReligiousLiberty. Refer to the popular religious market theory, the hidden religious equality isdiscovered. What’s more, human is not the only subject of the right. In the Constitution,the right of equality is not only an independent human right, but also a part of the rightof the Religious Liberty.The second chapter is the summary of the Constitutional Review. First this chapterintroduces the meaning and the model of this mechanism and then makes a distinctionbetween the Constitutional Review and the Constitutional Supervision. Second, itanalyses the relation between the Constitutional Review and the protection of the rightof the Religious Liberty, which has great significance to the Constitutionalimplementation.The third chapter is the introduction and analysis of the protection to the right ofthe Religious Liberty in abroad.Many famous cases about the Religious Liberty exist incountries in genealogy of law. Through studying the causes、trial and verdicts of thecases occurred in Germany and America and analyzing the factors that the judgesconsiderate in these processes, it expects to explore the relationship between theReligious Liberty and the Constitutional Review. What more important is the active explorations the countries have taken when facing conflict between the ReligiousLiberty and general legal obligations.The forth chapter is the basic principle in the protection of the right of theReligious Liberty. The proportion and the separation of church and state are the mostimportant principle at the trial of such cases. It is necessary to research their origins、contents and judicial review standards. Especially for the latter, summarize and putforward the scheme is of great practical necessity.