Constitutional references to God

The term " reference to God " refers to a religious reference to God.

Such a reference is found for example in the preamble of the constitutions. Commonly, a distinction between the " invocatio dei " and the " nominatio dei " here. While the nominatio dei God is mentioned in the Constitution only in the event of invocatio dei the Constitution shall be adopted in the name of God. The preamble of the German Constitution begins with the words " Conscious of their responsibility before God and men [ ... ] the German people gave this Basic Law by virtue of his constitutional authority. " This Basic Law thus contains only a nominatio dei.

Discussion of a reference to God in constitutions

The problem is a reference to God in constitutions, because he always describes the relationship between state and church. In addition, a Christian reference also be considered in contradiction to state neutrality in relation to other religions.

The cons

Opponents see in reference to God, a violation of the principle of separation of church and state: the state owes a duty of religious neutrality, the autonomy of its democratic legal system must respect that had been enforced in some cases against the opposition of the Christian churches. A reference to God would move the human rights as the basis of the Constitution in the second term. Faith as reference field for private personal and subject matter of personal conscience decisions have to be sought in the Constitution anything. Many critics see a reference to God in a privileging of the believing portion of the Constitution the people, specifically the Christians; but the reference to God is historically equated with the Christian image of God. Arrogance of believers ( Christians ) against non-Christian communities and atheists should be the result. In addition, the reference to God already should include discrimination against non- believing minority by the believing majority. This minority argument can be reversed also: In the German state of Thuringia, where only about 41 % of the population identified themselves as a member of a church, the opponents of the reference to God rejected that as a favor of the believing minority from. Another cited reason for the preservation of religious neutrality and against the reference to God, is that the democratic order their legitimacy could not bind to one or several religions, as they must also apply to all other or non- believers.

Against the argument that a lack of reference to God is a sign of excessive secularization, refer opponents of the reference to God in the Constitution of the United States and the American states, where there are no God covers what the American religiosity apparently not significantly impeded.

The pro arguments

The reference to God in the Basic Law is not understood as a religious reference herein but as a rejection of a totalitarian system of government. The state is then not the supreme and final authority in the sense of Hobbes' Leviathan. Also, the state population in his capacity as constituent power is tied to the natural law, pre- and inter-governmental foundations of the state. A complete lack of commitment there is therefore not in the act of constitution.

Historically, the inclusion of the reference to God should mark in the Basic Law, especially the difference to the totalitarian Nazi state. It is also undisputed that the historical legislator with the invocation of God joined a Christian image of God. However, a Christian -depth interpretation of the Basic Law did not follow from this. According to the demographic change and the religious-ideological pluralization of society is understood as the " preamble God " no longer connected with the Christian God, but as an open symbol of the state lying ahead "last moral force." This open symbol of the " responsibility before God and men " can then be filled with a variety of views of the foundations of the state and society and promote the integrating function of the Constitution.

By reference to God is understood not as specific partisanship for one faith and to have no religious foundation of constitutional norms result, no exception to the principle of religious-ideological neutrality of the state is seen herein. Anders and non-believers are still bound by the preamble neither the adoption of the Christian image of God for the affirmation of the Christian state image.

In the political debate, the reference to God is sometimes also understood as an indication of the close connection between European culture and Christianity or as a reference to the Christian majority in the constitutional people.

The value of a reference to God see the proponents so especially in the appointment of a State which has withdrawn, last and binding accountability instance.

Reference to God in the European Constitution

Controversy was such a reference to God in the last time in drafting of the Constitution. Here collided essentially the French conception of the state of a secular, secular state ( with complete separation between church and state ) with the mainly catholic conception of individual EU member states such as Poland, Ireland or Italy or the German Christian Democracy.

In addition to the Roman Catholic Church and the Council of the Evangelical Church in Germany (EKD ) had reiterated the demand for a reference to God in the EU constitution. The EKD kick unchanged to ensure that in the contract, " an explicit reference to the responsibility before God and the importance of Judeo-Christian tradition " is taken. One of the proposals ( based on the Polish Constitution) was worded as follows: " The values ​​of the European Union include the values ​​of those who believe in God as the source of truth, justice, good and beauty, as well as those requiring this belief do not share, but these universal values ​​arising from other sources. ".

Final result in the constitution is a compromise without express reference to God. Reference is made ​​only to the " cultural, religious and humanist " heritage of Europe. A decidedly Christian reference is missing.

Reference to God in the German state constitutions

The state constitutions of the federal states of Baden -Württemberg, Bavaria, North Rhine -Westphalia, Lower Saxony, Rhineland -Palatinate, Saxony -Anhalt and Thuringia have a reference to God in the preamble. The constitutions of the federal states of Berlin, Brandenburg, Bremen, Hamburg, Hessen, Mecklenburg- Vorpommern, Saarland and Saxony, however, have no reference to God in the preamble. The Constitution of Schleswig -Holstein, however, knows no preamble.

God references in the constitutions of other states

As for the EU Member States, God's compensation are - apart from the German Basic Law - in the constitutions of Greece, Ireland and Poland. Even the constitution of Switzerland starts with a God invocation. The Constitution of the Slovak Republic there is a reference to the " spiritual heritage of Cyril and Methodius ". The Constitution of Iran contains a reference to God.

Examples in constitutions

  • Conscious of their responsibility before God and men [ ... ] the German people [ ... ] has given this fundamental law. ( Federal Republic of Germany )
  • In view of the debris field to which a state and society without God, without conscience and without respect has led the survivors of World War II for the dignity of man, [ ... ] themselves are the Bavarian people [ ... ] below [. ..] Constitution. ( Bavaria )
  • Aware of the responsibility before God, the first cause of law and Creator of all human community, [ ... ] the people of Rheinland-Pfalz has adopted this constitution ( Rhineland -Palatinate )
  • In the name of Almighty God! The Swiss people and the cantons [ ... ] give the following constitution. ( Federal Constitution of the Swiss Confederation )
  • In the name of Almighty God! The Freiburg people are following state constitution. ( Canton of Fribourg ).
  • [ ... ] We decide, the Polish Nation - all citizens of the Republic, both those who believe in God as the source of truth, justice, good and beauty, as well as those not sharing such faith but respecting those universal values ​​arising from other sources, [ ... ] in gratitude to our ancestors [ ... ] for the culture that is rooted in the Christian heritage of the nation and in universal human values ​​[ ... ] conscious of the responsibility before God or (sic) our own consciences, to give us the Constitution of the Republic of Poland. (Poland )
  • In the name of the Most Holy Trinity, from Whom is all authority and to, as our final end, all actions both of men and States must be aligned, we recognize that the people of Ireland, Humbly acknowledging all our obligations to our Divine Lord Jesus Christ [ ... ] we accept this constitution, put them in and give to us. [ ... ] Article 6 All governmental power [ ... ] go [ t] next to God by the people. (Ireland )
  • In the name of God, the Beneficent, the Merciful. "We have sent Our Messengers with clear signs and sent down with them the Book and the balance so that people stand up for justice. " (Iran)
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