tailieunhanh - Rule of law state and religion

To build a rule of law has been one of the most essential tasks in the process of political renovation in our country for the past few decades. It is much involved with solutions to religious issues. In this paper, the author analyzes the concept of the socialist rule of law about religion. At the same time, he analyzes the indispensableness of the planning for such a rule of law in our country. | Rule of Law State and Religion RULE OF LAW STATE AND RELIGION DO QUANG HUNG * Abstract: To build a rule of law has been one of the most essential tasks in the process of political renovation in our country for the past few decades. It is much involved with solutions to religious issues. In this paper, the author analyzes the concept of the socialist rule of law about religion. At the same time, he analyzes the indispensableness of the planning for such a rule of law in our country. Key words: Rule of law, socialist rule of law, secularism, law and religious freedom, secular state. 1. Rule of Law State and Religion . Rule of Law State Rule of law state (in other words, rule by law state)(1) originated from the West, the first rule of law sate was Roman Republic, then rule of law state was established in bourgeois revolutions in Europe and in America. Rule of law state gradually becomes perfect. It was fully developed by liberal constitutionalism. It is characterized, according to Max Weber, by "legal domination” or Montesquieu’s words "We are free because we live under civil laws”. According to Bo Li, a Chinese researcher of law: “The difference between "rule by law" and "rule of law" is important. Under the rule "by" law, law is an instrument of the government, and the government is above the law. In contrast, under the rule "of" law, no one is above the law, not even the government. The core of "rule of law" is an autonomous legal order”(2). At present, the model of rule of law state becomes universal. It is the main legal principle for all political institutions of modern states. It is one of the aims of building the socialist rule of law state in Vietnam. . What is Rule of Law State and Religion? Under the rule of law state, fundamental rights of human kind including the right to freedom of religions and beliefs must be effectively guaranteed by law, as Rousseau said.(1) In general, the right to freedom of religion as well as human right .