Religion and supra-rationality, learnings from the Chilean Constitutional Process, 2019-2023

Abstract

The present work seeks to analyze certain dimensions of the relationship between the religious phenomenon and Constitutional Law. In this sense, transcendence constitutes an integral element of human nature and, therefore, it is not alien to Law. particularly, the Chilean society and its constitutional tradition has always been in constant interaction with the religious phenomenon and this is manifested in the way the protection of religious freedom has been configured in its legal system. Thus, the last constitutional process was not exempt from this characteristic of the national constitutional identity, leaving certain elements of analysis that are important when someone studies the constant relationship between religion and law.The present work seeks to analyze certain dimensions of the relationship between the religious phenomenon and Constitutional Law. In this sense, transcendence constitutes an integral element of human nature and, therefore, it is not alien to Law. particularly, the Chilean society and its constitutional tradition has always been in constant interaction with the religious phenomenon and this is manifested in the way the protection of religious freedom has been configured in its legal system. Thus, the last constitutional process was not exempt from this characteristic of the national constitutional identity, leaving certain elements of analysis that are important when someone studies the constant relationship between religion and law.