CEU Electronic Theses and Dissertations, 2019
| Author | Sekhniashvili , Teona |
|---|---|
| Title | The Power of "Divine Commands" and the Image of A Neutral State: Legal Dimension of Church-State Relationship in Georgia |
| Summary | The Church-state interplay and religion-politics linkage have always been a subject of controversy. The secularization thesis according to which the modernization process would inevitably bring secularization and decline in religiosity was challenged in light of the religious upsurge in modern societies. Georgia is among the countries which experienced a profound upheaval of religiosity in the public sphere after the dissolution of the Soviet Union. In the period before and after the declaration of independence conflicting discourses were seeking to influence the formation of the Georgian national identity. Likewise, the legislation on the religions and the Church-state relationship involves conflicting claims. While freedom of religion is enshrined in the legal framework of the country, the Constitutional Agreement of 2002 bestows significant privileges upon the Georgian Orthodox Church. The Church demonstrated multiple times its power to mobilize masses and impact tremendously on the public opinion. This influence equips it with the power to impact the law-making process in the country. Even though one can notice the tension between the Church and the state time to time, the interplay between the two normally presents itself as a cooperation. The research has multiple purposes. First, it aims at providing a legal analysis of the legal framework on the status of the Georgian Orthodox Church and religious freedom. Second, it seeks to explain the influence of the Church on the law-making process. Third, depicting the tension between the Church and the Constitutional Court is one of the main foci of the Thesis. Finally, the thesis provides an assessment of the the legal dimension of Church-state relationship in Georgia through the prism of the doctrine of state neutrality and constitutional secularism. I argue that the lack of coherent and comprehensive legal framework and the discriminatory treatment of the state towards the different religions and confessions in Georgia renders the neutrality of Georgian state as well as declared secularism delusional, thus hampers the modernization and democratization process of the country. On the other hand, the Georgian Orthodox Church does not have a final say on all legal matters pertaining to the social or religious issues. Whereas the executive and legislative bodies largely reflect the popular sentiments, the Constitutional Court seeks to act in a counter-majoritarian manner and upholds the principles of equality and freedom of religion. In addition, various civil and international actors can considerably impact the governmental policies and provide an essential resistance to the initiatives, advocated by the Church. The research suggests that two factors: high social relevance of the particular controversial issues, and the congruence of the public opinion with the Church’s position _ each often serves as necessary condition for the Church to pass through its initiatives and decisions. |
| Supervisor | Nenad Milos Dimitrijevic |
| Department | Political Science MA |
| Full text | https://www.etd.ceu.edu/2019/sekhniashvili_teona.pdf |
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