Servicio de Publicaciones de la Universidad de Navarra
de Bernardis, Lazzaro Maria. ""Disciplina costituzionale e garanzia concordataria della liberta' d'insegnamento"". Persona y Derecho, 6 (1979) : 297-311.
Starting off &om the verification that tbe principie of freedom of education
is sanctioned botb in many CODStitutions and in an . equa1ly large number of
agreements between difierent States and tbe Holy See, tbe main questionlies with
an attempt to establish valid criteria in order to correctly interpret tbe juridica1
discipline in vigor in this matter, in tbose States where such a duplicity of sources
is to be found.
If we bear in mind that the stipulations agreed upon cannot have tbeir origin
in an intent of assuring Catholic institutions tbeir rightfuI claim to complete freedom
of action in tbe fie1d of education, whereas CODStitutional norms can, on the
contrary, stem &om a secu1arist inspiration, problems of interpretatidn are placed
in tbe forefront which are capable of deriving &om tbe distinct order in which the
two sources have followed one another chronologically, and from the difference
in ideological inspiration which may characterlze them.
Given tbe objective difficulty of carrying out · an ample study of Comparative
Law on the subject which limits itse1f to a summary examination of tbe problem
as it applies to the Italian case, a comparison is made witb two other juridica1 systems
-tbose ofthe Dominican Republic and of Colombia- which happen to be difierent
as to the dates of tbe sources, tbeir chronological order ofsuccession and their
ideologica1 background. By so doing, some opportune conc1usions are reached.