Constitutional Protection of Freedom of Religious Education: A Comparative Analytical Study in the Philosophy and History of Constitutional Law

Abstract

This research aims to examine the constitutional protection of the freedom of religious education as one of the fundamental freedoms closely linked to freedom of belief and thought. It adopts a philosophical, and comparative approach to analyze constitutional provisions regulating this right across different legal systems. The main research problem lies in determining the adequacy of constitutional guarantees for religious education and the extent to which the state may regulate it without infringing upon its essence. The study explores the concept of religious education, its relativistic nature, and its various forms. It further analyzes its characteristics, nature, and institutional frameworks, ranging from places of worship and traditional schools to religious universities and research centers. The research also highlights the historical development of religious education in relation to the evolution of constitutional thought. A comparative analytical methodology is employed to examine how different constitutions address the freedom of religious education, particularly in relation to its inclusion in school curricula or its independent regulation. The study concludes that the freedom of religious education is not absolute but subject to regulatory limitations imposed by public order and national identity considerations. Ultimately, the research emphasizes that constitutional protection of this freedom varies across states depending on their constitutional philosophy and their relationship with religion, highlighting the need to balance individual freedom with state regulatory authority.