프랑스헌법에서의 라이시떼(laïcité, 비종교성) 원칙에 관한 고찰

The laïcité, the word of separation of church and state in France, was established to exclude the interference of church in the public area of nation. There are many thoughts and philosophy in the concept of laïcité but the French constitution have not any concrete regulations about it. Therefore, the concept of laïcité is very variable and obscure. it doesn't mean anti-clericalism but the religious neutrality of the state connected with the guarantee of religious freedom A large number of jurists and court interpret the laïcité provisions on the basis of the law on the separation of church and state(“law of 1905”) art. 2. Furthermore, some of the jurists regards the law of 1905 art. 2 as a fundamental principle approved by all the laws of republic. On the other side, the minority of jurists does not understand the laïcité provisions on the basis of the law of 1905 art. 2. Also, they don't regard the law of 1905 art. 2 as a fundamental principle approved by all the laws of republic. The solution approaches of separation of state and religion are diverse. But many countries have accepted the German system than the French system between the absolute separation and cooperative separation except Hungary on the whole. On comparing the variable systems it is requisite to understand the difference and legal relativity rather than value judgment. In this regard, it is requisite to understand the French historical experience of anti-clericalism and the republicanism as a French universal value to comprehend the significance and the contents of laïcité. It is important whether this systems have the capacity to harmonize a needful regulation and the new requirements of society to the religious problems and to solve it or not. In this point of view, the most desirable model of separation of state and religion exists and is left as a theme to pursue still.