The particular nature of the constitutional state is that it doesn’t subdue to its own sovereignty
the free expression of the spiritual feelings of the person. Non-confessional state means that it
refuses to subject to its supremacy the religious dimension. The Italian Constitution of 1948, as most
of contemporary legal systems, contains fundamental rights but also provides public measures to make
possible that each person acts all the rights, especially the religious one, without discrimination. The
idea of lay state is strictly connected with the concept of religious society, so there are many fields
and situations in which everyone can show a personal religious or, generally speaking, cultural trend.
For instance, Italian Constitution contains rule about the freedom of the teachers, the freedom of the
school, the pluralistic organization of the national services to the person. The main public act to realize
this dimension is, in a pluralistic society, what could be called the authorizing law.
Key words: constitutional state – freedom and rights – person – social groups – religious society –