PRESECULAR CHARACHTER OF MONTENEGRIN LAW ON FREEDOM OF RELIGION IN CONTEXT OF FULLER’S DEMANDS FOR INTERNAL MORALITY OF LAW

Đurić, Vladimir and Marković, Vasilije (2020) PRESECULAR CHARACHTER OF MONTENEGRIN LAW ON FREEDOM OF RELIGION IN CONTEXT OF FULLER’S DEMANDS FOR INTERNAL MORALITY OF LAW. Strani pravni život, 64 (4). pp. 7-26. ISSN 0039-2138

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Abstract

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller’s theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

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