The present research analyses the principle of laicity, aiming to understand whether religious concepts can be introduced and positivised in a lay State, taking the Japanese and Italian constitutions as case studies. The purpose is to understand how religious concepts, if positivised, can contribute to higher protection of fundamental rights. The first phase focuses on the definition of the concept of laicity by separating it from secularism. The second phase deals with the principle of neutrality and non-identification of the lay state towards the religious sphere, deepening the positivisation of religious concepts and their introduction into legal analysis, with particular attention to Habermas’ studies on the translation of religious concepts into a universally accessible and independent language. The third phase carries out a comparative constitutional analysis focusing on the principle of laicity in the Italian and Japanese constitutions to understand the different declinations the principle of laicity may take and the potential terrain for religious concepts to be introduced after an imperative translation into universal language independent of any religious interpretation.
 Piga.pdf | 347 kB |
