A Christian in the Office of Constitutional Judge [1999]

Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein

In this personal reflection, Böckenförde portrays the dilemma he faced during his tenure as a judge on Germany’s Federal Constitutional Court: trying to bridge his Christian Catholic spirituality with his work as a high-ranking public servant in a secular state. He describes his struggle with the Catholic teachings prior to Second Vaticanum, which at that time still defined the state as ideally Catholic and demanded every believer in public office to act as a vanguard for Christian natural law. But by committing himself to the public good, Böckenförde sidestepped the requirement of the Catholic Church and fully embraced the democratic, religiously neutral political order. Böckenförde justified his position (deviant in the eyes of the Church) by insisting on the strict neutrality demanded from a judge. He pointed to the so-called Church Compromise of the Weimar Republic (Weimarer Kirchenkompromiss), which established the neutrality of the state with regard to religion, and which was re-adopted in West Germany after 1949. He also relinquished his consultative role in the Central Committee of Catholics once he was nominated to the Constitutional Court. Even in cases affecting abortion, he only dealt with the issues at hand as a judge, not as a Catholic. In his view, Christian spirituality can manifest itself in faithfulness to one's office and an integrity that is open to the world.

Author(s):  
Felipe Gaytán Alcalá

Latin America was considered for many years the main bastion of Catholicism in the world by the number of parishioners and the influence of the church in the social and political life of the región, but in recent times there has been a decrease in the catholicity index. This paper explores three variables that have modified the identity of Catholicism in Latin American countries. The first one refers to the conversion processes that have expanded the presence of Christian denominations, by analyzing the reasons that revolve around the sense of belonging that these communities offer and that prop up their expansion and growth. The second variable accounts for those Catholics who still belong to the Catholic Church but who in their practices and beliefs have incorporated other magical or esoteric scheme in the form of religious syncretisms, modifying their sense of being Catholics in the world. The third factor has a political reference and has to do with the concept of laicism, a concept that sets its objective, not only in the separation of the State from the Church, but for historical reasons in catholicity restraint in the public space which has led to the confinement of the Catholic to the private, leaving other religious groups to occupy that space.


Via Latgalica ◽  
2009 ◽  
pp. 78
Author(s):  
Vladislavs Malahovskis

The aim of the paper is to reflect the political activities of the Roman Catholic Church in two periods of the history of Latvia and the Roman Catholic Church in Latvia – in the period of First Independence of the Republic of Latvia, basically in the 1920s, and in the period following the restoration of Latvia’s independence. With the foundation of the independent state of Latvia, the Roman Catholic Church experienced several changes; - bishops of the Roman Catholic Church were elected from among the people; - the Riga diocese was restored the administrative borders of which were coordinated with the borders of the state of Latvia; - priests of the Roman Catholic Church were acting also in political parties and in the Latvian Parliament. For the Church leadership, active involvement of clergymen in politics was, on the one hand, a risky undertaking (Francis Trasuns’ experience), but, on the other hand, a necessary undertaking, since in this way the Roman Catholic Church attempted to exercise control over politicians and also affect the voters in the elections for the Saeima. The status of the Church in the State of Latvia was legally secured by the concordat signed in the spring of 1922 which provided for a range of privileges to the Roman Catholic Church: - other Christian denominations in Latvia are functioning in accordance with the regulations elaborated by the State Control and confirmed by the Ministry of the Interior, but the Roman Catholic Church is functioning according to the canons set by the Vatican; - releasing the priests from military service, introduction of the Chaplaincy Institution; - releasing the churches, seminary facilities, bishops’ apartments from taxes; - a license for the activity of Roman Catholic orders; - the demand to deliver over one of the church buildings belonging to Riga Evangelical Lutherans to the Roman Catholics. With the regaining of Latvia’s independence, the Roman Catholic Church of Latvia again took a considerable place in the formation of the public opinion and also in politics. However, unlike the parliamentarian period of the independent Latvia, the Roman Catholic Church prohibited the priests to involve directly in politics and considered it unadvisable to use the word “Christian” in the titles of political parties. Nowadays, the participation of the Roman Catholic Church in politics is indirect. The Church is able to influence the public opinion, and actually it does. The Roman Catholic Church does not attempt to grasp power, but to a certain extent it can, at least partly, influence the authorities so that they count with the interests of Catholic believers. Increase of popularity of the Roman Catholic Church in the world facilitated also the increase of the role of the Roma Catholic Church in Latvia. The visit of the Pope in Latvia in 1993 was a great event not only for the Catholic believers but also for the whole state of Latvia. In the autumn of 2002, in Rome, a concordat was signed between the Republic of Latvia and the Vatikan which is to be classified not only as an agreement between the Roman Catholic Church in Latvia and the state of Latvia but also as an international agreement. Since the main foreign policy aim of Latvia is integration in the European Union and strengthening its positions on the international arena, Vatican as a powerful political force was and still is a sound guarantee and support in international relations.


Indonesia consists of different ethnicities, cultures, religions, and beliefs. This diversity is a gift, but also a challenge for the Indonesian nation. Differences that exist often cause problems and conflicts between tribes and between religions and beliefs. In the midst of this pluralistic situation, the Church in Indonesia needs to develop inculturation in order to be open and to be able to make dialogue with every culture that exists in Indonesia, with different religions and beliefs as well as with the concrete situation occurring in Indonesia. This paper uses an analytical descriptive method to describe and analyze the concrete situation of the Church in its efforts to respond to socio-religious and political problems and challenges in Indonesia. It appears that the Church in Indonesia is very open and fully respond to every problem and challenge that exist in the midst of Indonesian people and society. This paper is expected to be an inspiration for the local Churches in developing its role to contribute to the development of the nation and the State of Indonesia, as well as to be an inspiration to other Churches in other parts of the world wherever experiencing situations more or less similar to the pluralistic situation in Indonesia.


2020 ◽  
Vol 36 (4) ◽  
pp. 626-642 ◽  
Author(s):  
Jörg Stolz ◽  
Detlef Pollack ◽  
Nan Dirk De Graaf

Abstract Germany was a divided country from 1949 until 1989. During this period, West Germany remained a rather religious country, while East Germany became, under socialist rule, one of the most secular regions in the world. We use this case of socialist state intervention as a natural experiment to test Voas’ model of secular transition, which states that all Western and Central European countries follow the same path and speed of secularization. We employ ESS, GSS, and KMU surveys, as well as church statistics, to show that Voas’ model holds for West Germany but not for the East. In East Germany, the state accelerated the secular transition substantially: through coercion, incentive structures, and education, it succeeded in triggering mass disaffiliations from the church irrespective of age, and in discouraging parents from socializing their children religiously. This led to a self-perpetuating process that resulted in a rapid increase in the number of people who were never socialized religiously at all.


1989 ◽  
Vol 3 (2) ◽  
pp. 268-299 ◽  
Author(s):  
Maryjane Osa

Christian social doctrine... is a doctrine of the most important non-religious sociological structures which are erected upon independent foundation, or, to use its own language, of its relation with the most powerful social forces of the `world.' If we admit that the State and Society, together with innumerable other forces, are still the main formative powers of civilization, then the ultimate problem may be stated thus: How can the Church harmonize with these main forces in such a way that together they will form a unity of civilization? Ernst Troeltsch (1911)


2021 ◽  
Author(s):  
Jürgen Kühling ◽  
Hildegard Bodendieck-Engels

Jürgen Kühling, a judge of the Federal Constitutional Court from 1989 to 2001, contributed to the law in a dedicated and committed way as required by society. He scrutinized legal training, the civil service system and the relationship between the state and the church in Germany. This book is directed at all those who are seeking in-depth information on constitutionality and aim at understanding, what fundamental rights mean for everyday life. The author´s use of crystal clear language makes law ununsually accessible to the reader. Specifically, this book deals with internal Affairs of justice, justice policies and the ascertainment of fundamental rights in jurisdiction as well as with problems and challenges created by society´s needs for security.


Author(s):  
Tom O'Donoghue ◽  
Judith Harford

During the period 1922–1967 the Catholic Church in Ireland opposed any notion of joint responsibility between laity and clergy for secondary school education. The State also permitted the Church to pursue its major interest in education in secondary schools. Unhindered, the Church thus was able to promote within the schools sets of practices aimed at ‘the salvation of souls’ and at the reproduction of a loyal middle class along with priests, brothers, and nuns to maintain and expand the institution. The State for its part supported that arrangement as the Church also acted on its behalf in aiming to produce a literate and numerate citizenry, in pursuing nation building and in ensuring the preparation of an adequate number of secondary school graduates to address the needs of the public service and the professions. All of that took place at a financial cost much lower than the provision of a totally State-funded system of schooling would have entailed.


2020 ◽  
Vol 8 ◽  
pp. 73-93
Author(s):  
Monika Menke

This article analyses the preparation, process and conclusions of the Plenary Council of the Catholic Church in the Czech Republic held in 1997—2005. The Plenary Council was one of the few manifestations of the collegiality of the Czech Church, because the diocesan synods are not used here as a tool. The Decree on convocation of the Assembly was announced by the Czech and Moravian bishops on 5 July 1997 in Velehrad. The council was also an opportunity for priests and laity in the country to realise their responsibility for the Church and the co-responsibility of the Church for the condition of society. The Council had a preparatory phase (1997—2003), a stage of the 1st Session (July 2003), and a second phase of the Session (July 2005) where the project was completed and followed by the process of post-conciliar steps. Three final messages were the immediate output from the Second Plenary Session: the Message of the Council to the Public; the Message of the Council to the Believers of the Catholic Church and the Message of the Council to Christians in the Czech Republic. The resulting document was published in 2007 under the title The Life and Mission of Christians in the Church and the World. It was a document of a pastoral nature, in no way of a normative nature (no rules were actually adopted despite the work of the commission and the proposals). The Czech situation is described as “post-Christian missionary territory” there and — estimated the course of the conciliar process and of the Council itself — as an introduction of more intensive implementation of synodality in the Czech Church.


Author(s):  
Detlef Pollack ◽  
Gergely Rosta

The chapter on Poland focuses on two questions. Why, in contrast to all other state-socialist countries, did the church’s capacity for integration actually increase rather than decrease despite persecution and discrimination during the communist period? And why has this capacity also remained more or less constant (albeit to a lesser extent) in the period since the end of communist rule? The authors have identified four key factors in the remarkable resistance of the Polish Catholic Church during the period of communist persecution: the fusion of religious and national values, the specific conflict dynamics of the church’s struggle with the state, the structural conservatism of agricultural production in Poland, and the actions of Pope John Paul II. Explanations for the surprising stability of religiosity in Poland after 1990 point to the behaviour of the Church itself, to the internal pluralization of Catholicism, and to the impact of a homogeneous religious culture.


Author(s):  
Michael P. DeJonge

This chapter continues the examination of Bonhoeffer’s first phase of resistance through an exposition of “The Church and the Jewish Question,” turning now to the modes of resistance proper to the church’s preaching office. Because such resistance involves the church speaking against the state, it appears to stand in contradiction with Bonhoeffer’s suggestion earlier in the essay that the church should not speak out against the state. This is in fact not a contradiction but rather the coherent expression of the political vision as outlined in the first several chapters of this book, which requires that the church criticize the state under certain circumstances but not others. The specific form of word examined here is the indirectly political word (type 3 resistance) by which the church reminds the messianic state of its mandate to preserve the world with neither “too little” nor “too much” order.


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