Study On The Constitutional Guarantees Of Religious Freedom

Religion is a phenomenon existing extensively in society. It accompanies with the development of human society for a long history. To some extent, it impacts the life, activity and idea of people. Therefore, freedom of religion is usually considered as a basic right and protected by both international covenants of human rights and national constitution. This is the reason why religion is connected with constitution. As the fundamental law of a country and the protection of human rights, constitution is undoubtedly essential. Also, Constitutionalization of religion shows the importance of religion in a country and human rights protection. It is very meaningful and necessary to investigate religious problem with the centre of protecting the freedom of religion from the point of view of constitution and the relationship between religion and constitution. This essay analysis the position and trait of the freedom of religion in rights of freedom system. Additionally, after analyzing the connection and differences between religion, thought and conscience, it will summarize a concept of the freedom of religion. The essay will find out the attitude of global society in religion issues based on the provisions of constitution in majority countries and international covenants of human rights regarding the freedom of religion. In terms of constitutional value that may exist in religious freedom, it will also summarize ideas of domestic and overseas scholars. After this, the essay will compare similarities and differences and represent legal principle of protecting the freedom of religion. By using the method of comparison, it will figure out the problems faced by United States, Japan and Germany in applying constitution to religious freedom protection. This investigation and analysis will be connected with cases. Finally, this essay will discuss legal theory of religious freedom issues in China by the following position:intension of religious provisions, current legislative situation of religion protection, the position of the Party and government regarding religious issue. After this, the essay will provide relevant advice regarding how to achieve the freedom of religion in China.