Rule of law in religious states - What does it mean when the State calls itself religious?

Résumé du document

Essai en droit constitutionnel en anglais sur l'Etat de droit dans les Etats religieux.

Extraits

[...] What does it mean when the State calls itself religious? First, we will define what a state religion is. A state religion is a religion adopted by a state and which means that this State conforms its legislation to its religion. Generally, it is indicated in the Constitution if there is a state religion and if so, what this religion is. We find this notion of state religion throughout the history of man, in the past in Europe with Christianity and particularly in France with Catholicism. [...]

[...] In addition, basing its Constitution on religious texts will not help a state progress from an ethical and international point of view. On the other hand, having a state religion while being secular is not a problem because the country remains open to the rest of the world and to the practice of other religions, this is the case in United Kingdom for example. In this country there is a state religion, it is a secular country and freedom of thought is exercised there. [...]

[...] Its religion is Islam and Shari'a law shall be a main source of its legislations. Its political system is democratic. The Arabic Language shall be its official language. The people of Qatar are a part of the Arab nation.". We therefore have on the one hand with France, a State which specifies its secularism and the equality of all regardless of its religion and on the other hand Iran and Qatar, two Islamic states based on Quranic recitation for Iran and the Shari'a for Qatar. [...]

[...] State religion cannot agree all the time with the notion of rule of law nevertheless it may be that in certain cases a state religion can be a rule of law. What you have to ask yourself, however, is: Does a state religion guarantee freedom of worship, thought, and expression for minorities? To be honest I think it depends on the religion, the country as well as its history. Some countries restrict freedoms because of its state religion like Iran while other countries like the UK have a state religion but remain secular and protect human rights and freedoms of expression, worship etc. [...]

[...] In a constantly changing world based on the international community, it is important for me to open up to the world and to what surrounds us, to other religions and ideologies. We will notice in the Constitutions that religion is, most of the time the first topic addressed, we therefore notice in article 1 of the Constitution of France "La France est une République indivisible, laïque, démocratique et sociale. Elle assure l'égalité devant la loi de tous les citoyens sans distinction d'origine, de race ou de religion. Elle respecte toutes les croyances. [...]