“The Special Role of the Apostle Autocephalous Orthodox Church of Georgia in the History of Georgia” as the basis for exclusive exemptions and privileges - Case Law of the Constitutional Court of Georgia
DOI:
https://doi.org/10.62343/cjss.2019.188Keywords:
The religious organizations’ Right on Equality and Non-discrimination; Special Role of the Orthodox Church of Georgia in the History of Georgia; the Case Law of the Constitutional Court of Georgia on the Freedom of Religion and Belief.Abstract
Between 2015-2018, the Constitutional Court of Georgia considered
two cases with respect to religious organizations’ Right on
Equality and Non-discrimination. The Respondent Party, the Parliament
of Georgia, as one of its arguments, indicated that alleged
different treatment - exemptions and privileges granted exclusively
to the Orthodox Church of Georgia, was justified by the ‘Special
Role of the Orthodox Church of Georgia in the History of Georgia’.
In connection with that argument, the Court made valuable
interpretations, in particular, whether and to what extent the special
role of a religious institution in the historical past of country
can be used to pursue an aim to create the privileged status for it in
the present days. The present article considers this very issue from
the perspective of the Constitutional Court of Georgia’s Case Law.
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