Influence of Voltaire’s an Montesquieu’s thought upon the concept of laicity in the Spanish Constitution

Abstract

The concept of laicize is a way to understand religious freedom, which means: an axiological field, and its legal implications. These values are embedded in our laws and promise them to the development of social goals. If we go deep inside the philosophical and political doctrines which have engineered the concept of secular state and its evolution; it is essential to understand our laws on religious freedom, especially the Constitution. In this sense, it is especially interesting the Montesquieu and Voltaire’s political and legal thought. Both doctrines are based at the time on the modern state was asserted against religious power, being the most important the equalities’ value. Therefore both doctrines understand laicize as the separation of Church, State and Neutrality; the last one understood as immunity of coercion. However, in their doctrines we can already see the germ of a positive state action in favor of laicizes values. That will be developed later to show the idea of social state.