Constitution and the Clash of Cultures: Is There a Constitutional Right to Erect a Mosque?

Resumo

This article offers the analysis of the constitutionality issue of the referendum regarding the erection of the Islamic religious centre (mosque) in Slovenia. Author emphasizes substantive aspect of the referendum initiative and evaluates its constitutional relevance. Initiators of the referendum were claiming that by establishing more oratories, which are in reality just a reconstructed apartments and cellars, the State already and sufficiently fulfils constitutional standards and responds to its constitutional duties regarding the religious freedom of the Muslims living in Slovenia. They have demonstrated a clear intent to obstruct the erection of a Mosque in Ljubljana. The Court had to review the constitutionality of this intent. Article gives theoretical constitutional analysis of the problem of intent or goal and its constitutional significance, followed either by a regular legislature or by voters as an ad hoc legislature through referendum. The analysis is done with the use of the comparative constitutional law.