Category Archives: Church and State

Relationship Between Public Law and “Morality”

The laws enacted become expressions of public morality.  As Justice Holmes put it, “(t)he law is the witness and deposit of our moral life.”[420] “In a liberal democracy, the law reflects social morality over a period of time.”[421] Occasionally though, a disproportionate political … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, Law and Morality, Religious Freedom | Tagged | Leave a comment

Philippine “Separation of Church and State” Constitutional Clause: Nature, Purpose, Tests Based on Philippine and American Religion Clause History, Law and Jurisprudence

Philippine Religion Clauses: Nature, Purpose, Tests Based on Philippine and American Religion Clause History, Law and Jurisprudence The history of the religion clauses in the 1987 Constitution shows that these clauses were largely adopted from the First Amendment of the U.S. Constitution.  The … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, History, Religious Freedom | Tagged | 3 Comments

“Separation of Church and State” in the Philippines

VII. Religion Clauses in the Philippines A. History Before our country fell under American rule, the blanket of Catholicism covered the archipelago.  There was a union of church and state and Catholicism was the state religion under theSpanish Constitution of 1876.  Civil … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, History, Religious Freedom | Tagged | 1 Comment

“Separation of Church and State” in the United States: Concept, Jurisprudence, Standards

Religion Clauses in the United States: Concept, Jurisprudence, Standards With the widespread agreement regarding the value of the First Amendment religion clauses comes an equally broad disagreement as to what these clauses specifically require, permit and forbid.  No agreement has been reached … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, History, Religious Freedom | Tagged | Leave a comment

Factors Contributing to the Adoption of the So Called American “Separation of Church and State”

Factors Contributing to the Adoption of the American Religion Clauses Settlers fleeing from religious persecution in Europe, primarily in Anglican-dominated England, established many of the American colonies.  British thought pervaded these colonies as the immigrants brought with them their religious and political … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, History, Religious Freedom | Tagged | Leave a comment

The Old World Before The So Called American “Separation Of Church And State”

Old World Antecedents of the American Religion Clauses To understand the life that the religion clauses have taken, it would be well to understand not only its birth in the United States, but its conception in the Old World.  One cannot … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, History, Religious Freedom | Tagged , | Leave a comment

What Does The Phrase “Separation of Church and State” Simply Mean? How It Is Interpreted?

The interpretation of the Establishment Clause has in large part been in cases involving education, notably state aid to private religious schools and prayer in public schools.[201] In Everson v. Board of Education, for example, the issue was whether a New Jersey local … Continue reading

Posted in Church and State, Constitutional Law, Constitutional Rights, Definitions, History, Religious Freedom | Tagged | Leave a comment