Article portrays part of relations of church and state, in matter of dispute over axiology of the constitution. In the paper main positions of entities competing in everyday, political fight over “row of souls” are characterized. Article also includes examples, illustrating process of elite leaving from constitutional regulations, describing relations between church and the state and which where inconvenient for churches hierarchy due to ideological issues. Authoress regards, on grounds of State-Church relations, we are dealing with phenomenon, which can be described as a “written constitution” and “genuine/ real constitution”. It allows many authors to declare that today’s Poland is not neutral. On that ground there not only constitutional regulations of 1997 are being violated but also European standards. As a result of growing common resistance there are being outlined some chances for change.
The article considers the issues concerning the binding nature of the legal positions of the Constitutional Court. The author conludes that the legal positions of the Constitutional Court are mandatory for all the state and local self-government bodies, their officials, as well as for the natural and legal persons in the whole territory of the Republic of Armenia. Moreover, not only the noted subjects, but also the Constitutional Court itself is bound by them, though these legal positions can be changed in case of existence of corresponding bases. In any case, while making the mentioned changes one should take into account the main key for the effective solution of the discussed issue – finding balance between the continuity and predictability of the practice of the Constitutional Court and the values, underlying the development of the constitutional doctrine, in each concrete situation, accompanied with the observance of the principle of “expedient self-restraint” by the Constitutional Court.
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